People v. Lee

By information. Lee and Narcisse were charged in one count with possession of marijuana (§ 11530, Health & Saf. Code), and in count II Lee alone was charged with possession for sale of amphetamine (§ 11911, Health & Saf. Code). The People appeal from order granting motion to set aside information (§ 995, Pen. Code).

On November 3, 1970, Officer Nettles received information by way of an October 26 complaint to the police department that narcotics were being “dealt” at 2198 West 29th Street by “Sonny” and that the informer would meet him (the officer) at a certain location and point out “Sonny” to him. Thus, on that day he met the informer who personally related the foregoing and said that the person at that address kept his marijuana in a garbage can at the rear of the building and that he had seen marijuana in the trash can and knew what marijuana was. They went to the location where they saw “Sonny” come to the front door; “Sonny” was pointed out to the officer by the informer; in the courtroom the officer identified “Sonny” as defendant Lee. For about an hour Nettles waited in his vehicle a half block away where he could see the front door; during that time he observed…