Thompson

By an amended information, defendant was charged in count I with a violation of Penal Code section 288a, subdivision (b) (2), a felony. It was alleged in count I that d^ndant committed this offense on or about May 8, 1977, by being over the age of 21 years and participating in an act of oral copulation with Fred V., a person under the age of 16. In count II, it was alleged that, on the same date, defendant committed the offense of a violation of Health and Safety Code section 11361, subdivision (a), a felony, by furnishing marijuana to Fred V., a minor. In count III, it was alleged that defendant committed the offense of a violation of Health and Safety Code section 11361, subdivision (a), a felony, by furnishing marijuana to Fred V., a minor, on or between September 1, 1976, and September 30, 1976.

Defendant made a motion to set aside the information pursuant to the provisions of section 995 of the Penal Code. The motion was granted as to count III and that count was dismissed. Defendant was tried by a jury with respect to counts I and II. The jury found defendant guilty as charged in count II. The court made a finding that the jury was hopelessly deadlocked with…