Osterman

Defendant was charged by information with a violation of the Dangerous Weapons’ Control Law (Pen. Code, § 12021) by having in his possession a .22 caliber revolver having a barrel less than 12 inches long and capable of being concealed on the person, a felony, after having been previously convicted of forgery (Pen. Code, § 470). By amendment to the information, defendant was also charged with having been previously convicted of burglary (Pen. Code, § 459). Defendant pleaded not guilty, and denied the prior burglary conviction. Defendant’s motion to suppress the evidence pursuant to Penal Code section 1538.5 was heard and denied. Defendant and all counsel waived trial by jury, and by stipulation of counsel, the cause was submitted on the transcript of the preliminary hearing, subject to the trial court’s rulings, with each side reserving the right to offer additional evidence. Such additional testimony was taken. Defendant was found guilty as charged. No finding was made with regard to the allegation of the prior conviction of burglary. Probation was denied, *765 and defendant was sentenced to imprisonment in the county jail for 180 days. This appeal is from the judgment…