Walls

Defendant herein was charged in an information alleging in three counts violations of section 11530 of Health and Safety Code (a felony), section 11555 of Health and Safety Code (a misdemeanor) and section 12500 of the Vehicle Code (a misdemeanor).

Defendant’s motion in the trial court for a dismissal as to all counts pursuant to Penal Code section 995 was granted as to all counts. The People appeal.

There is no serious dispute as to the facts, which may be summarized as follows; Deputy Sheriff Donald Light observed a red Chevrolet pickup which resembled and bore the license number of a reported stolen vehicle received on a teletype. Though the information in the teletype was erroneous, no claim is made that the deputy did not in good faith believe the vehicle to have been stolen. He stopped the vehicle, and defendant Walls alighted from his vehicle and met the deputy sheriff between the two vehicles. The officer informed defendant the reason for the stop and showed him the teletype which formed its basis. Defendant was placed under arrest. The officer conducted a pat-down search which revealed a package of zigzag papers in his jacket pocket and nothing else. The…