Warburton

An indictment charged defendant with nine counts of violation of Penal Code section 487, subdivision 1 (grand theft), and eight counts of violation of Corporations Code section 3020 (incomplete or false records). All of the charges arose out of defendant’s dealings in municipal bonds, in connection with a corporation named R. E. Warburton Co., Inc.

Following arraignment in the superior court defendant made a motion under Penal Code section 995 to dismiss the indictment, and a motion under Penal Code section 1538.5 to suppress certain evidence upon the ground it had been obtained as a result of an illegal search and seizure. Both motions were denied. Defendant then pleaded nolo contendere to two counts of grand theft. Defendant was sentenced to state prison on those counts, and the other charges were dismissed.

Availability of Appeal

The notice of appeal states that defendant appeals from the judgment “and in particular, from the denials of his motions in this action made pursuant to Sec. 995 and Sec. 1538.5, Penal Code.”

Penal Code section 1237 specifies what appeals may be taken by a defendant. That section does not authorize a separate appeal from the kinds of…