Martinez

Petitioner was duly charged in two cases with various narcotic offenses. The cases were consolidated and, after various court appearances, he agreed to submit the consolidated cases on the transcripts of the preliminary hearings in those cases. He was found guilty on count I of the consolidated information (a violation of Health & Saf. Code, § 11500.5), and guilty of a violation of section 11500 of that code, a lesser and included offense to that charged in count III of the consolidated information. His case was transferred to department 95 of the superior court where, after proceedings under section 3051 of the Welfare and Institutions Code, he was committed to the California Rehabilitation *685 Center. Thereafter he was returned from the center as unsuitable for treatment and criminal proceedings were resumed.

Petitioner claims that the proceedings outlined above were all pursuant to “an agreement” between the People and petitioner: “. . . whereby petitioner would withdraw his motions in each case to suppress evidence under Penal Code section 1538.5 and submit the matter of guilt or innocence to the court upon the transcripts of the preliminary hearings in cases…