Gallo

Defendant was charged with possession for sale (Health & Saf. Code, § 11351) and sale of heroin (Health & Saf. Code, § 11352), with a special allegation of possession of more than one-half ounce of heroin (Pen. Code, § 1203.07, subd. (a)(1)). He was held to answer in superior court where the court granted defendant’s motion to dismiss pursuant to Penal Code section 995. The People appeal.

Rick Dunton, an informant for the Placentia Police Department, testified that he had known defendant for approximately four weeks prior to March 5, 1980, and had visited him at his house about five times that day. On one of his visits he gave defendant $100 for a balloon of heroin. Defendant told Dunton that he would have to get the heroin from someone else and that Dunton should return for it in about a half hour. Dunton returned at the appointed time and defendant gave him a balloon, which Dunton passed on to an investigator for the Placentia Police Department. Dunton had received the $100 from the Placentia Police Department.

Dunton further testified that on March 12, 1980, he contacted defendant on four occasions at defendant’s house. On one of those occasions he gave defendant…