Chochos

People v. Chochos

Good Law
107 Cal. Rptr. 410·1973 Cal. App. LEXIS 1087·31 Cal. App. 3d 445
Court of Appeal of CaliforniaApril 4, 1973Crim. No. 10102California6,781 words

Opinion

Lead Opinion

Sims, J.

Defendant was convicted by his plea of nolo contendere 1 of receiving stolen property in violation of section 496 of the Penal Code and of tampering with telephone equipment in violation of section 502.7 of the Penal Code. He was then sentenced to concurrent terms in state prison. He has purported to appeal 2 from so much of the judgment of conviction as encompasses an order made by the trial court, following the entry of his pleas, but before sentence, in proceedings previously instituted by the People under the provisions of subdivision (j) of section 1538.5 of the Penal Code. 3 At the preliminary hearing the magistrate *448 denied the defendant’s motion to suppress with respect to 12 items of property which were received in evidence and which formed the basis of an 11-count information filed against him, including the two charges of which he stands convicted. Defendant has never challenged that portion of the original ruling of the magistrate. In the hearings which resulted in the order he seeks to have reviewed and in oral argument on appeal, he conceded that he had no right to appeal from his convictions as such. The items involved in the counts in the information…

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