Preslie

Appellant was convicted of murder in violation of Penal Code section 187 on his plea of guilty. The underlying appeal herein is limited in scope to review of the denial of appellant’s motion to suppress evidence in the trial court pursuant to Penal Code section 1538.5, subdivision (m).

Appellant attached to his opening brief an uncertified copy of an affidavit, search warrant and return and requested this court to take judicial notice of or augment the record on appeal to include those documents.

It appears that the requested documents are lodged with and are on file in the superior court though they were not introduced in evidence. There are appellate issues as to whether the documents were considered by the trial court and whether the appellant relied upon or adequately raised the substantive issue to which these documents relate in the trial court.

The issues now before the court arise by reason of respondent’s motion to strike appellant’s opening brief or impose alternative sanctions authorized by California Rules of Court rule 18, grounded on the fact that the brief refers to matters outside the present record on appeal. (See rule 13.) Appellant, while conceding…