Caron

Appellant Harvey Anthony Caron (Caron) appeals from his conviction of possession of heroin (Health & Saf. Code, § 11350, subd. (a)) pursuant to a plea of guilty entered following the denial of his Penal Code section 1538.5 motion to suppress evidence.

Procedural Background

Caron was charged with two counts of drug related offenses on March 24, 1976, after the execution of a search warrant at his residence. On April 23, 1976, he entered a plea of not guilty to these charges. Caron’s motion to suppress the evidence seized during the *240 search of his residence was denied following a hearing on July 16, 1976. Thereafter on July 19, 1976, he entered a plea of guilty to the above set forth counts and the matter was continued to August 16, 1976 for sentencing.

When Caron failed to appear on the August 16 sentencing date, a bench warrant was issued, the execution of which resulted in Caron’s appearance in court more than three years later on December 19, 1979. Sentencing was then continued to January 2, 1980, at which time Caron moved to withdraw the guilty plea. Following a hearing on January 16, 1980, the motion was denied and Caron was sentenced pursuant to the plea…