LAZALDE

In the trial court, appellant brought a motion to suppress evidence pursuant to Penal Code section 1538.5. He contended that evidence obtained during the search of a motel room pursuant to a search warrant should be suppressed because the warrant was issued without probable cause and the searching officer did not act in good faith. At the hearing on the motion to suppress, the parties did not litigate the validity of the search warrant. Instead, evidence was presented that appellant was subject to a probation search condition, of which the searching officer was unaware. The trial court denied the motion and appellant pleaded guilty to one count of conspiracy to sell heroin and one count of possession of heroin for sale. (Pen. Code, § 182; Health & Saf. Code, § 11351.) Appellant also admitted an enhancing allegation that he possessed more than 14.25 grams of a substance containing heroin. (Health & Saf. Code, § 11352.5, subd. (1); Pen. Code, § 1203.07.) He was sentenced to three years in state prison. He appealed to this court, contending the trial court erred in denying his motion to suppress. This court affirmed the judgment, relying on In re Tyrell J. (1994) 8 Cal.4th…