Solo

Appellant, Mike Edward Solo, and his codefendants, Stephen Lee Johnson, Jeffrey Harold Mercer and Jack Benjamin Weidner, Jr., were jointly charged in an information filed by the District Attorney of Imperial County with possession of marijuana for sale (Health & Saf. Code, § 11530.5), and with transporting marijuana (Health & Saf. Code, § 11531). They all entered pleas of not guilty to the charges; appellant Solo’s motion to dismiss pursuant to Penal Code section 995 was denied. The defendants properly waived jury trial and the case was submitted to the trial judge for decision on the reporter’s transcript of the preliminary hearing, certain stipulations of fact and brief additional testimony. All the defendants, including appellant, were found guilty of both charges. Solo’s application for probation was denied; he was sentenced to prison for the term prescribed by law on each count, the sentences to run concurrently. His sentences were suspended and he was committed to the California Youth Authority. Solo appeals from the judgment of conviction.

Statement of the Evidence

Shortly after noon on September 12, 1969, Officer Hartley of the California Highway Patrol noted a…