Gonsoulin

Appellants, Michael Paul Gonsoulin and Edward Andrus, codefendants in the court below, were charged with one count of possession of a narcotic for sale in violation of Health and Safety Code section 11500.5, one count of possession of a narcotic in violation of Health and Safety Code section 11500, and one count of possession of devices for injecting narcotics in violation of Health and Safety Code section 11555; they entered pleas of not guilty on all counts. Appellants then moved to suppress the evidence pursuant to Penal Code section 1538.5, and their motions were denied. Appellants changed their pleas to guilty on the count involving possession of a narcotic, and the remaining counts were dismissed. Their appeals from the judgments entered on the pleas of guilty are authorized by section 1538.5.

On January 29, 1970, appellants and one Chester Herschel Carter, a Marine stationed at Camp Pendleton, were riding in Carter’s Pontiac on Highway 5 near Cottonwood Road, northwest of Los Banos, California, when the vehicle was stopped by Officers Thurman and McCullough of the Highway Patrol; Gonsoulin was driving, Carter was seated in the right front seat, and appellant…