Borousk

Procedural and Factual History

In an information defendant was charged, in separate counts, with five violations of the Health and Safety Code: in count I with selling cocaine (§ 11501); in count II with possession of marijuana for sale (§ 11530.5); in count III with possession of marijuana (§ 11530); in count IV with possession of restricted dangerous drugs (§ 11910); and, in count V with possession of narcotic paraphernalia (§ 11555). The information alleged that the count I violation occurred on November 23, 1970, and all the others on December 18, 1970.

Originally (December 21, 1970) a complaint had been issued out of the municipal court charging defendant and one Mitchell, jointly, with the sale of cocaine and defendant singly with the other violations. The record indicates that Mitchell was not apprehended, so the information charged defendant only.

At the time of defendant’s arraignment in municipal court, as disclosed by a later explanation made by defense counsel not challenged by the prosecution, an understanding apparently was reached that defendant would assist the sheriff’s office in locating Mitchell and in apprehending other people engaged in drug…