Fortier

Defendant was charged in count I with possession of marijuana for sale (Health & Saf. Code, § 11530.5), count II with possession of a restricted dangerous drug for sale (Health & Saf. Code, § 11911), count III, sale of marijuana (Health & Saf. Code, § 11531), count IV, sale of restricted dangerous drugs (Health & Saf. Code, § 11912); a prior conviction for violation of section 11500 of the Health and Safety Code was added.

Defendant was found guilty on all counts; the court made no finding on the prior conviction. On count I, defendant was sentenced to state prison for the term prescribed by law; as to counts II, III, and IV, defendant was sentenced to state prison for the term prescribed by law, sentences were suspended and summary probation was granted for five years, to run concurrently with count I. The court reserved jurisdiction to reinstate the sentences as to counts II, III and IV if defendant is released from the custody of the Department of Corrections.

This is an appeal from the judgment of conviction; we affirm the judgment.

A confidential informant, who had given information in the past, showed Officer Villalba the location of an apartment and told the…