Little

Defendant was charged in an information with violation of Health and Safety Code section 11530.5 (possession for sale of marijuana). The People appeal from an order of the Superior Court of Los Angeles County dismissing the information pursuant to Penal Code section 1385. Said dismissal followed the court’s granting of a motion to' suppress the People’s evidence pursuant to Penal Code section 1538.5.

At the hearing on the motion to suppress, the court by stipulation, read and considered the transcript of the testimony taken at the preliminary hearing and also received additional evidence. In the final analysis, however, there is no dispute as to the facts or the credibility of the witnesses. The issue presented is purely one of law.

In the Mount Baldy area of Los Angeles County is a location known as “Mattress Flats.” “Mattress Flats” is on a knoll adjacent to Mount Baldy Road, a public highway, .and lies in close proximity to public rest areas which are situated along the road; No signs or fences set “Mattress Flats” apart from the surrounding area, which is remote, desolate and uninhabited. “Mattress Flats” contains a large amount of junk and tin cans indicating…