Messina

I

Procedural History

In an information filed on April 13, 1983, appellant Richard James Messina was charged in count I with manufacturing methamphetamine in violation of Health and Safety Code section 11379. In count II, Messina was charged with possession of both methylamine and phenyl-2-propanone with intent to manufacture methamphetamine in violation of Health and Safety Code section 11383, subdivision (a). In count III, Messina was charged with possession of phenyl of methamphetamine in violation of Health and Safety Code section 11378. In a subsequently filed amendment to the information Messina was alleged to have been convicted of a felony within the meaning of Penal Code section 1203, subdivision (e)(4). After the denial of his motion to dismiss pursuant to Penal Code section 995, Messina entered a plea of guilty to the charge contained in count I of the information, a violation of Health and Safety Code section 11379. Messina was sentenced to state prison for a term of three years with appropriate presentence credits and filed a timely notice of appeal.

II

The Facts

The sole witness to testify at the preliminary hearing was Officer Roy Wunderlich of the Los…