Fews

*556 Calvin Bernard Fews appeals from a conviction following his guilty plea to being a felon in possession of a firearm ( Pen. Code, § 29800, subd. (a)(1) ). He contends the magistrate erred in denying his motion to suppress evidence seized during a patsearch of his clothing. We affirm the order denying suppression.

STATEMENT OF THE CASE

A felony information charged Fews with possessing ( Pen. Code, §§ 29800, subd. (a)(1) ; count I), concealing in a vehicle ( Pen. Code, § 25400, subd. (a)(3) ; count II), and carrying a loaded firearm ( Pen. Code, § 25850, subd. (a) ; count III). The information further alleged that Fews suffered five prior prison terms ( Pen. Code, § 667.5, subd. (b) ), three prior strikes ( Pen. Code, § 667, subds. (d), (e) ), and an out-on-bail enhancement ( Pen. Code, § 12022.1, subd. (b) ).

Fews filed a motion to suppress to be heard at the preliminary hearing. The magistrate denied the suppression motion. Thereafter, Fews filed a motion to dismiss under Penal Code section 995, arguing the magistrate erroneously denied his motion to suppress at the preliminary hearing ( Pen. Code, §§ 1538.5, 995 ). In a nonstatutory motion to dismiss, Fews claimed a delay…