Flores

The defendant was charged with possession of heroin for sale and two prior felony convictions, possession of marijuana and selling a narcotic. He moved to dismiss the information under the provisions of Penal Code section 995. The motion was denied. He filed a petition for writ of prohibition in this court which was denied. He then filed a petition for hearing in the Supreme Court which court ordered that an alternative writ of prohibition issue to be heard by this court.

At 4:30 p.m. on September 16, 1970, Officers Hernandez, Ramirez and Germany of the San Bernardino Police Department were cruising in an unmarked police car in Plaza Park in San Bernardino, an area of known narcotics activity. The officers were in plain clothes. Officer Hernandez was the principal witness at the preliminary examination and it is his testimony which will be summarized except as indicated. He testified from a diagram which is not a part of the record before us and some of the exact positions and directions may be erroneous. However, it appears that the following is a reasonably accurate summary of his testimony.

He first observed the defendant walking away from the area of the restroom.…