Conley

Charged with possession of 100 LSD tablets for the purpose of sale (Health & Saf. Code, § 11911), defendant moved to dismiss the information (Pen. Code, § 995), and when the motion was denied, entered a plea of not guilty. He made a motion to suppress evidence (Pen. Code, §1538.5) and that motion was also denied. A jury found him guilty as charged. He was committed to the California Youth Authority for the term prescribed by law.

He appeals the judgment or order of commitment on the basis that the aforesaid motions were erroneously denied inasmuch as the confiscation of the drugs flowed from an illegal search and seizure.

About 11 p.m. on July 26, 1969, two Laguna Beach police officers dressed in plainclothes were conducting a narcotics stake-out at a parking lot adjacent to Albertson’s Market. The market stands on the southeast corner of the intersection of South Coast Highway and Cleo Street; a real estate office is on the southwest comer; a Taco Bell restaurant at the northwest corner; and the Saddleback Inn on the northeast corner. The two officers had the area under surveillance because they had made approximately 50 narcotics arrests in the parking lot during the…