Pendergrass

John Robin Pendergrass appeals from a judgment (order granting probation) entered on a jury verdict finding him guilty of cultivating marijuana (Health & Saf. Code, § 11358) and of possession of marijuana (Health & Saf. Code, § 11357, subd. (c)).

Facts

On October 20, 1982, Officer Finley went with other officers to 1637 Dallas Street in Modesto to serve a search warrant. As Officer Finley and Agent Matt approached the front door of the residence they were met by the codefendant, John Arrington. Arrington indicated that he lived in the residence. The officers informed Arrington of the search warrant; other officers then secured Arrington while Finley and Matt went to the doorway of the residence, stated that they had a search warrant for the residence, identified themselves as police officers, and then made entry into the residence. Appellant and Marilyn Green were found inside the residence and were shown the search warrant, which was also read to them.

The residence and environs were searched, and 11 large marijuana plants and 5 smaller ones were found growing in a lean-to addition located on the northeast side of the residence. Some of the plants were six to eight…