Can a defendant argue that he waived his right to challenge the sufficiency of evidence at the Court of Appeal by submitting the issue of guilt on the transcript of his preliminary hearing?

The issue raised by defendant on appeal could have easily been preserved for appellate review by either a bench trial or a submission of the issue of guilt on the preliminary hearing transcript. "Whenever a defendant waives trial and submits his guilt or innocence on the transcript of a preliminary hearing the trial court must weigh the evidence contained in the transcript and convict only if, in view of all matters properly contained therein, it is persuaded beyond a reasonable doubt of the defendant's guilt. In view of the foregoing it is clear that [the appellant], by submitting the question of his guilt on the transcripts of the preliminary hearing, cannot be held to have waived his right to challenge the sufficiency of the evidence on appeal." (People v. Martin (1973) 9 Cal.3d 687, 695.)