People v. Valdivia

Opinion

ROTH, P. J.

As the result of a “plea bargain” effected by means of a submission upon the transcript of his preliminary hearing (see In re Mosley (1970) Cal.3d 913 [83 Cal.Rptr. 809, 464 P.2d 473]), defendant Harry Valdivia was convicted of possessing heroin (Health & Saf. Code, § 11350). 1 He appeals from the judgment (order granting probation) seeking review of the superior court’s order denying his motion to suppress the proofs of his guilt.

Uncontroverted evidence 2 established that officers of the Ventura County Sheriff’s Department learned that appellant was conducting narcotic…