Luevano

Appellant Carlos Luevano was charged in three counts with sale of concentrated cannabis, possession for sale of concen trated cannabis, and possession for sale of cocaine. (Health & Saf. Code, §§ 11360, 11359, 11351.) The prosecution was based on a sale by appellant to an undercover officer and on additional contraband found in a search of appellant’s residence pursuant to a telephonic search warrant. After denial of his motion to traverse the search warrant, appellant pleaded guilty to count one, sale of cannabis, the remaining two counts were dismissed, and appellant was granted probation on the condition, among others, that he spend six months in county jail. He appeals pursuant to Penal Code section 1538.5, subdivision (m).

Appellant contends that the officer applying for the telephonic search warrant made an intentional misstatement to the magistrate, and that therefore the warrant should have been quashed pursuant to People v. Cook (1978) 22 Cal.3d 67, 86-87 [ 148 Cal.Rptr. 605 , 583 P.2d 130 ]. We reject this contention since even assuming, there was an intentional misstatement, the Cook remedy has been modified by Proposition 8.

On July 16, 1982, Officer Spruill…