Lewis

Defendant, following a jury trial, was convicted in municipal court of two counts of receiving stolen property (Pen. Code, § 496), and was sentenced to serve ninety days in county jail. She appealed from the judgment. We ordered the matter transferred to this court upon certification by the Appellate Department of the Los Angeles Superior Court that transfer was necessary to settle important questions of law. (Rule 63, Cal. Rules of Court.)

The record on appeal includes an engrossed statement of facts which was certified correct by the trial court. The pertinent facts contained therein are these: Defendant entered a plea of not guilty in the Beverly Hills Municipal Court on May 27, 1976, at which time her counsel, a deputy public defender, indicated to the court that he wished the matter set for a pretrial hearing and motion to suppress (Pen. Code, § 1538.5) *820 on June 18, 1976. No formal notice of the motion to suppress was given to the district attorney or the court prior to June 18, 1976.

Since October 15, 1973, the Beverly Hills Municipal Court has had written rules in effect governing motions under section 1538.5 in misdemeanor cases which require that such…

On May 25, 1976, defense counsel “indicated” to the court that defendant desired a hearing on a section 1538.5 motion and June 18, 1976, was set for that proceeding. The written rule of court in part reads: “4. At the time of arraignment and prior to pre-trial, counsel shall indicate to the court his intention to file a motion under this section [1538.5] and secure from the court a date and time for a hearing.” Counsel complied with this portion of the rule, but failed to comply with the additional requirements of 10 days written notice to the district attorney and specificity of grounds.

*822 Based on these facts, I conclude that defense counsel was aware of the rule but after analysis he determined not to proceed with such a motion. That determination is a tactical one and no error results.

The court and district attorney were entitled to rely upon the apparent abandonment of the “indicated” motion.

Defendant, following a jury trial, was convicted in municipal court of two counts of receiving stolen property (Pen. Code, § 496), and was sentenced to serve ninety days in county jail. She appealed from the judgment. We ordered the matter transferred to this court upon certification by the Appellate Department of the Los Angeles Superior Court that transfer was necessary to settle important questions of law. (Rule 63, Cal. Rules of Court.)

The record on appeal includes an engrossed statement of facts which was certified correct by the trial court. The pertinent facts contained therein are these: Defendant entered a plea of not guilty in the Beverly Hills Municipal Court on May 27, 1976, at which time her counsel, a deputy public defender, indicated to the court that he wished the matter set for a pretrial hearing and motion to suppress (Pen. Code, § 1538.5) on June 18, 1976. No formal notice of the motion to suppress was given to the district attorney or the court prior to June 18, 1976.

Since October 15, 1973, the Beverly Hills Municipal Court has had written rules in effect governing motions under section 1538.5 in misdemeanor cases which require that such…