McClellan

Petitioner is charged in respondent court by an information containing five counts: count I, possession of marijuana for sale, in violation of section 11530.5 of the Health and Safety Code; count II, transportation and offer to sell marijuana, in violation of section 11531 of that code; count HI, possession for sale of a restricted drug, in violation of section 11911 of said code; count IV, illegal possession of narcotic paraphernalia, in violation of section 11555 of said code; and, count V, possession of paraphernalia for injection of a restricted drug, in violation of section 11915 of said code.

He moved, pursuant to section 995 of the Penal Code, to dismiss the information. That motion was denied and his petition for a writ of prohibition, pursuant to section 999a of the Penal Code was denied by this court without opinion. (McClellan v. Superior Court, 2d Civ. No. 38175.) Petitioner then moved, pursuant to section 1538.5 of the Penal Code, to suppress certain evidence obtained at the time of his arrest. That motion was also denied and the present petition followed. We issued an order to show cause why relief should not be granted. The matter has been briefed and…