Mardian

Statement of the Case

On April 4, 1973, a felony complaint was filed in the Riverside Municipal Court charging Frank Joseph Mardian, Jr. (hereinafter “defendant”) and Cliff Wyatt with unauthorized possession of a controlled substance for sale (1 -phenyl-1 -piper-idine-cyclohexane, more commonly known as “PCP”), in violation of Health and Safety Code section 11911.

On June 22 a preliminary hearing was begun, which was continued to and concluded on July 27, at which time the magistrate denied defendant’s motion to suppress evidence and held him to answer for violation of Health and Safety Code section 11910 (possession of a controlled substance).

On August 1, the Riverside County District Attorney filed an information charging defendant with possession of a controlled sub stance for sale (Health & Saf. Code, § 11911). Defendant, accompanied by counsel, was arraigned, advised of his constitutional rights, and entered a plea of not guilty in the Riverside Superior Court on August 13.

On August 21, defendant noticed a motion in the superior court to remand his case back to municipal court on .the ground that the magistrate had denied him a full and complete hearing on his…