Robles

This is an appeal by the prosecution from an order of

the superior court setting aside an information against defendant Dave Noverto Robles in part and against defendant Edward Ned Bordes in whole pursuant to section 995 of the Penal Code.

On March 13, 1972, one John Haden, a drug user and informant, went to Bordes' residence to see if Bordes had narcotics, but Bordes was not home. The next morning, Haden called Bordes from Lodi and asked him whether he could purchase narcotics from him. Bordes told Haden he had narcotics for sale. Haden then went from Lodi to the police station in Stockton, where he made a second call to Bordes. The telephone call was monitored by Officer Willard Clair of the narcotics detail. In this conversation, Haden asked Bordes if he had a half spoon of heroin that he could purchase. Bordes answered affirmatively and told Haden to come to his house for the purchase. Haden was given $25 by the police and was skin-searched, before he left the station. His car was also- searched. A “sack unit,” a miniature transmitter, was taped to Haden’s stomach.

Haden drove his car to Bordes’ residence. Once inside, he asked Bordes about buying the heroin, and…