Nece

*287 Opinion

On October 7, 1982, Bryan Lee Nece (hereinafter appellant) and two other persons were charged in an information with the commission of certain felonious conduct. Count I charged conspiracy to commit grand theft and conspiracy to cheat and defraud (Pen. Code, § 182, subds. 1 and 4). Counts II and III charged Nece and others with grand theft (Pen. Code, § 487, subd. 1), and in addition, that the value of the property stolen was in excess of $100,000 (Pen. Code, § 12022.6, subd. (b)). Appellant pleaded not guilty to all charges.

On December 21, 1982, appellant had his motion to suppress evidence of his personal finances heard in the superior court. The court denied the motion. Later the denied motion was tested by a writ of mandate filed with this court. Said petition was also denied.

On July 26, 1983, appellant withdrew his not guilty plea as to count II, and instead, entered a plea of nolo contendere. At the same time, on the prosecution’s motion, the court dismissed the remaining counts against appellant. At the sentencing hearing on October 21, 1983, the court denied probation and sentenced appellant to state prison for the midterm of two years. This appeal…