Hernandez

The People appeal from an order setting aside count one of the information which alleged that defendants violated Penal Code section 4573 by “knowingly assisting] in bringing marijuana into the Santa Barbara County Honor Farm grounds.” The trial court set aside count one on the ground that defendants had been committed without reasonable or probable cause. (Pen. Code, § 995.) The appeal lies. (Pen. Code, § 1238, subd. (a)(1).)

The People contend that defendants violated said Penal Code section 4573 because (1) they assisted in sending marijuana into an honor farm by causing it to be deposited outside the honor farm and (2) they sent marijuana to a place where inmates “are located” within the meaning of Penal Code section 4573.

We have examined these contentions and conclude that both are meritless. Consequently we will affirm the trial court’s order setting aside the count alleging that defendants violated Penal Code section 4573.

Facts

Sandra visited Joseph, an inmate of the Santa Barbara County Jail Honor Farm, on four days in May 1977. During their visits, Joseph suggested that Sandra leave an item outside the methadone clinic, near the palm trees, on the grass.…