Gray

After pleading guilty to possessing marijuana for sale (Health & Saf. Code, § 11359), Edward Charles Gray was sentenced to prison for the term prescribed by law. The trial court, however, suspended execution of sentence and placed Gray on probation for three years. Among other things, his probation was conditioned upon his serving 45 weekends in the county jail. Gray was admitted to bail pending this appeal in which he challenges the propriety of the trial court’s order denying his motion to suppress evidence under Penal Code section 1538.5. His contentions on appeal all relate to the affidavit which supported the search warrant issued by the magistrate for the search of his residence. Gray claims the affidavit was insufficient in several respects.

On May 6, 1975, El Centro Police Officer Ramsey, accompanied by two county narcotics agents, served Gray with a warrant authorizing the search of his residence located in Imperial County at 336 El Dorado Road, Apartment “C.” The search of the apartment uncovered approximately 23 kilos of marijuana and related paraphernalia.

The affidavit in support of the search warrant was subscribed by Officer Ramsey on April 30, 1975.…