Hines

Petitioner challenges the denial of his motion to set aside the information against him pursuant to section 995 of the Penal Code.

Petitioner was charged by complaint with possession for sale of base cocaine, cocaine and heroin on December 1, 1987, in violation of sections 11351.5 and 11351 of the Health and Safety Code. At the preliminary hearing held on February 5, 1988, Officer Wayne Weir testified that on December 1, 1987, he was working on covert surveillance in the investigation of sales of narcotics in North Richmond. He was watching the corner of Fifth and Grove through binoculars and observed a number of transactions in which petitioner appeared to be exchanging something for money. The transactions involved either passing pedestrians or passing motorists. Officer Weir concluded that the transactions involved narcotics and by radio asked for the arrest of petitioner and a juvenile who appeared to have a stash of drugs from which petitioner was dealing. Officers Rubin and Wells responded and petitioner was arrested.

On cross-examination, Officer Weir was asked where he and his partner were located when they made their observations. Officer Weir asserted the…