Fick

Defendant was charged with possession of marijuana for sale. (Health & Saf. Code, § 11359.) Following the denial of his motion to suppress evidence, he pleaded guilty, his subsequent motion to withdraw his guilty plea was denied, and he was sentenced to the middle term of two years in state prison.

Facts

About 8 p.m. on December 26, 1978, two Los Angeles County deputy sheriffs observed defendant, the sole occupant of a vehicle, run two stop signs and continue driving down the middle of the road. The deputies signalled him to pull over, which he did. Deputy Douglas Linn approached the vehicle and asked to see defendant’s driver’s license. When defendant handed his license to the deputy, Linn smelled an odor of burnt marijuana on defendant’s breath and person. Linn asked him to get out of the vehicle, and as defendant emerged, Linn smelled an odor of fresh marijuana coming from the vehicle. When asked for the vehicle’s registration, defendant replied he thought it was in the glove compartment but wasn’t sure because his girl friend owned the vehicle. Deputy Linn entered the vehicle to look for its registration and to investigate the odor of fresh marijuana, and, as he was…