Heredia

This is an appeal after a denial of a 1538.5 motion and a plea of guilty to one count of violation of section 11911 of the Health and Safety Code. We reverse the conviction because of Mozzetti v. Superior Court, 4 Cal.3d 699 [ 94 Cal.Rptr. 412 , 484 P.2d 84 ], decided while this appeal was pending.

Facts

At approximately 4 a.m., on the morning of September 15, 1969, Officer Michael Caldero, a Los Angeles County deputy sheriff, was patrolling northbound on Atlantic Boulevard. He observed a vehicle parked about 2Vi feet from the curb, partially in front of a red zone and partially blocking a driveway near the Lamplighter Bar at 1407 South Atlantic Boulevard. Caldero and his partner approached the vehicle in order either to remove it or to cite the registered owner for a Vehicle Code violation. As he approached the car, Caldero noticed a young lady sitting in the right front seat slumped to the right with her head on the back of the seat. Appellant was standing next to the right front door of the vehicle, leaning with his elbows and forearms partially inside the right front window. As the officers came up behind the car, appellant reached inside the window with his right…