Macias

Defendant was charged by complaint filed in the municipal court with a misdemeanor, i.e.: violation of Health and Safety Code section 11550 and Vehicle Code section 23105, 1 occurring on 21 August 74 in El Rio, an unincorporated area of Ventura County. Defendant made a motion to suppress evidence which motion was heard and denied in the municipal court on 30 October 74. Thereafter, defendant petitioned the Ventura County Superior Court for a writ of mandate which would require the municipal court to reverse its order and direct: (1) that certain named deputy sheriffs return to defendant pictures apparently taken of his left hand and right arm, and (2) prohibit the same deputies from testifying against petitioner regarding any statements he made to them or regarding any observations they made of the *261 defendant. The superior court issued a peremptory writ to the municipal court, requiring it to order the return to defendant of the pictures, and further requiring it to order the suppression of any statements made by defendant and any testimony by the deputy sheriffs.

We do not reach the merits of the matter and, therefore, do not discuss the evidence. Penal Code section…