Rice

Prosecution for violation of section 11530.5, Health and Safety Code. Judgment of conviction of violation of section 11530, Health and Safety Code, affirmed.

Appellant was charged with possession of marijuana for purposes of sale (Health & Saf. Code, § 11530.5). After a trial by jury he was found guilty of possession of marijuana (Health & Saf. Code, § 11530, a lesser and necessarily included offense). He appeals from the judgment of conviction.

Another individual, Mark Stanton, was to be tried as a codefendant with appellant, however, a motion to suppress certain contraband was granted as to Stanton and the charges against him were dismissed on motion of the district attorney.

On January 11,1968, Sergeant Green of the Palm Springs Police Department was informed by the Los Angeles Police Department that an arrest warrant had been issued for the appellant for possession of marijuana for the purposes of sale. It was stipulated at trial that no such warrant had, in fact, been issued. Nevertheless based upon the belief there was such a warrant, Sergeant Green, accompanied by Officer Collurafici, went to an address in Palm Springs to effect an arrest on what he believed to…