Kosoff

Defendant was charged in a three-count information with possession of marijuana in violation of former Health and Safety Code section 11530, possession for sale of marijuana in violation of former section 11530.5, and possession of narcotic paraphernalia in violation of former section 11555. The trial court granted defendant’s motion under Penal Code section 1538.5 to suppress evidence and thereafter dismissed the case against defendant under Penal Code section 1385. The People have appealed. (See Pen. Code, § 1238, subd. (a)(7).)

On February 25, 1970, a search warrant issued authorizing the search of defendant’s apartment, automobile and person, based upon the affidavit of George Bregante, a deputy sheriff of Santa Barbara County. The affidavit stated that on February 20, 1970, Bregante received a call from United States Customs Agent Michael Peel who informed Bregante that on February 5 a package addressed to Miss Jeannie Kosoft (sic), 6636 Pasado, Apartment B, Goleta, California, had arrived in Seattle, Washington, through the international mails. The package indicated that it was from Sgt. Ernest Johns, Serial 624-31-4765, Company B, 1/3 8th Infantry, Second…