Brown

—Defendant appeals from the “judgment,” i.e., order granting probation (Pen. Code, §1237), entered on December 22, 1965, and based upon his June 17, 1963 plea of guilty to the crime of possessing heroin in violation of section 11500 of the Health and Safety Code. A certificate of probable cause for appeal (Pen. Code, §1237.5) has been filed although insofar as defendant “is not attempting to challenge the validity of his plea of guilty but is asserting only that errors occurred in the subsequent adversary hearings conducted by the trial court,” compliance with section 1237.5 is not required. (People v. Ward, 66 Cal.2d 571, 574 [ 58 Cal.Rptr. 313 , 426 P.2d 881 ]; People v. Coley, 257 Cal.App.2d 787, 793 [ 65 Cal.Rptr. 559 ].)

Defendant’s primary contention on this appeal is that the court erred in refusing to grant his motion to dismiss based upon the prosecution’s noncompliance with Penal Code, section 1381.5. Since the ruling on this motion was made prior to the order granting probation, it is not directly appealable and the normal record on appeal does not include the moving papers, affidavits and exhibits offered in support thereof. (Cal. Rules of Court, rule 33.) Of course,…