Nickles

Defendant appeals from a judgment of conviction for violation of Health and Safety Code section 11557 (maintaining a place where narcotics are being used) following a plea of guilty. Defendant has not obtained a certificate of probable cause as provided for by Penal Code section 1237.5 providing that such a certificate is required upon an appeal from a judgment or conviction after a plea of guilty. This appeal, however, proceeds solely to secure a review of the search and seizure question which a defendant may have reviewed under Penal Code section 1538.5, subdivision (m), notwithstanding his plea of guilty where, as here, the defendant has moved prior to his conviction to suppress evidence on the ground that it was obtained by an unreasonable search and seizure. 1 An appeal authorized by section 1538.5, subdivision (m) does not require a section 1237.5 certification. (Moran v. St. John, 267 Cal.App.2d 474, 477-478 *990 [ 73 Cal.Rptr. 190 ]; People v. Coyle, 2 Cal.App.3d 60, 63 [ 83 Cal.Rptr. 924 ].)

The Facts

On early morning patrol, Officer Esparza and a colleague of the San Jose Police Department observed a 1955 Oldsmobile parked adjacent to a closed liquor store. At…