Fabela

Appellant charged, by information, with possession of heroin (§11500, Health & Saf. Code) and, by amended information, with four prior convictions, pleaded not guilty, denied the priors and waived jury.

During the course of the trial, appellant moved to suppress the search warrant which led to his arrest. The motion was denied. The cause was, by stipulation, submitted on the transcript of the preliminary hearing, each side reserving the right to introduce additional evidence. The People introduced no additional evidence. Appellant testified in his own behalf. He was found guilty as charged. On arraignment for a sentence the priors were found to be true. Probation was denied and appellant was sentenced for the term prescribed by law. The appeal is from the judgment. Appellant assigns as error (1) the invalidity and illegal execution of the search warrant, (2) his interrogation in violation of Miranda, (3) the failure of the trial court to make a separate finding as to each prior, and (4) denial of probation. Defendant also petitions this court to augment the record on appeal to include the superior court file containing the original search warrant and supporting affidavit. The…