Polakovic

Petitioner is a licensed attorney. On December 3, 1971, he was appointed by the Superior Court of San Bernardino County to represent one Salvadore Guzman, charged with violating Health and Safety Code, section 11500.5, possession of heroin for sale. On January 7, 1972, petitioner moved to set aside the information pursuant to Penal Code, section 995 and moved to suppress the evidence under Penal Code, section 1538.5. Both motions were denied by the trial court.

In the interest of simplicity both respondent superior court and the County of San Bernardino as real party in interest may be referred to as “respondent” in this opinion.

Petitioner sought a writ of prohibition in this court for review of respondent’s denial of a motion made under Penal Code, section 995. We granted an alternative writ ordering the superior court to set aside the information or show cause why it should not be set aside. Petitioner thereafter filed a second petition for a writ of prohibition to set aside the trial court’s denial of his motion made under Penal Code, section 1538.5. The second petition was denied by this court. Petitioner states the two petitions were not filed together because the…