Moore

After his motion for suppression of evidence (Pen. Code, § 1538.5) had been denied, defendant withdrew his plea of not guilty of the crime of grand theft (count I) and, pursuant to a conditional plea agreement, pleaded nolo contendere as to that charge. Count II was dismissed pursuant to the agreement. The proceedings were suspended without imposition of sentence and defendant was placed on probation for 3 years on certain terms and conditions, which included the payment of a fine, the spending of 30 days in the county jail, and the *612 making of restitution. He has appealed from the judgment (order granting probation), contending that the trial court erred in denying his motion to suppress evidence made pursuant to Penal Code section 1538.5.

On this appeal defendant contends that there was no probable cause for his arrest and that the officers unlawfully seized his vehicle located on his private property and thereafter illegally searched it.

At the hearing in the superior court of the motion to suppress evidence it was stipulated that the testimony of the witnesses at the preliminary hearing as recorded in the reporter’s transcript could be introduced. That…