Stafford

Defendant was charged by information with possession of heroin in violation of section 11500 of the Health and Safety Code. Five prior convictions were alleged. At defendant’s preliminary hearing the arresting officer testified to the circumstances of defendant’s arrest for the crime charged. Evidence concerning the narcotic nature of the People’s physical evidence was received by stipulation.

Defendant, pleaded not guilty, denied the priors, and waived his right to a jury trial.

Defendant moved to suppress the heroin under section 1538.5 of the Penal Code. A waiver of defendant’s right to confrontation as to the 1538.5 hearing was secured, and the transcript of the preliminary hearing was received by stipulation.

Each side was to be free to offer additional evidence at the motion to suppress. In addition, at the outset of the hearing, the prosecutor announced: “Your Honor, as far as the 1538.5 motion, which is a motion to suppress, I don’t believe the chemist necessary in regards to this motion.

“However, to accommodate counsel we have entered a stipulation that if the Court denies the 1538.5 motion, it is going to be a—it has already been submitted on the…