Buckner

Defendants were charged by information with conspiracy to sell marijuana (Pen. Code, § 182) in count I, sale of marijuana (Health & Saf. Code, §11531) in count II, possession of marijuana for sale (Health & Saf. Code, § 11530.5) in count HI, and possession of marijuana (Health & Saf. Code, § 11530) in count IV. Motions pursuant to Penal Code sections 995 and 1538.5 to set aside the information and to suppress evidence were denied.

The cases of defendants Buckner and Marx were submitted on the transcript of the preliminary hearing. Each was found not guilty of counts I, II, and IV, and guilty of count III. Sentences of each for the terms prescribed by law were imposed but suspended; probation was granted on condition, inter alia, that defendant Buckner spend the first 10 months, and defendant Marx, the first 7 months, in the county jail. In lieu of Marx’s motion for a new trial, the court reduced the offense to of marijuana, a lesser included offense. (Health & Saf. Code, § 11530.) Defendant Threatt withdrew his plea of not guilty to count II (Health & Saf. Code, § 11531 violation), and pled guilty. Sentence was imposed for the term prescribed by law, but suspended;…