Mendez

Defendant was charged in count I of the information with possession of heroin for sale (former Health & Saf. Code, § 11500.5), 1 in count II with burglary (Pen. Code, § 459), and in count III with receiving stolen property (Pen. Code, § 496). He pleaded not guilty. A motion under section 1538.5 of the Penal Code, submitted on the preliminary hearing transcript, was denied. Defendant withdrew his not guilty plea to count I and pleaded guilty, upon appropriate waivers (Boykin v. Alabama, 395 U.S. 238 [ 23 L.Ed.2d 274 , 89 S.Ct. 1709 ]; In re Tahl, 1 Cal.3d 122 [ 81 *608 Cal.Rptr. 577 , 460 P.2d 449 ]), to simple possession of heroin (former Health & Saf. Code, § 11500), 2 a lesser included offense to that charged. The guilty plea was the result of a plea bargain pursuant to which the two remaining counts were to be dismissed and an alleged prior felony conviction was to be stricken. Following diagnostic studies pursuant to section 1203.03 of the Penal Code, defendant was sentenced to state prison. The sentence was suspended and defendant was placed on five years’ probation, conditioned, among other things, upon his spending the first year in county jail. Credit was allowed…