Sanchez

Following defendant’s unsuccessful motions in the superior court to suppress evidence (Pen. Code, § 1538.5, subd. (i)) and to set aside the information (Pen. Code, § 995), the case was submitted on the transcript of the preliminary hearing. The submission on the transcript was tantamount to a guilty plea and was actually part of a negotiated disposition. The court found defendant guilty of possession of marijuana (Health & Saf. Code, § 11530), alleged priors were stricken, probation was denied and defendant was sentenced to state prison.

Defendant appeals from the judgment contending: (1) the record does not disclose a proper advisement and waiver of his privilege against self-incrimination; (2) the evidence is insufficient to support his conviction; and (3) the incriminating evidence resulted from a search and seizure made pursuant to an invalid search warrant. In connection with the latter contention, defendant points to several irregularities in the proceedings in the municipal court prior to filing of the information. Although defendant asserts these irregularities in his arguments concerning the validity of the search warrant, they are more appropriately germane to…