Wright

Defendant, Arthur Wright, was charged by information with possession of marijuana for sale in violation of section 11531 of the Health and Safety Code. Defendant’s motion to dismiss the information pursuant to Penal Code section 995 was granted. This appeal is by the People in accordance with Penal Code section 1238, subdivision 1.

Statement of Facts

Because of the limited issue which is before this court, only such facts as are necessary to a determination thereof will be set forth in this opinion.

Charles Ham was hired by the Pasadena Police Department to work as an undercover agent in a narcotic “buy” program. On the afternoon of June 12, 1968, Officer Ham went to defendant’s apartment to attempt to purchase marijuana or other drugs. Later that evening, Ham purchased a quantity of marijuana from defendant for five dollars.

The complaint against defendant was filed in mid-November 1968, and defendant was arrested shortly thereafter. Officer Roberts of the Pasadena Police Department testified at the preliminary hearing that defendant was not arrested sooner because Officer Ham was working on a number of other cases as an undercover agent, and the police department…