Morton

Defendant was charged by information with possession of marijuana (Health & Saf. Code, § 11530). She pleaded not guilty. Motions under Penal Code sections 995 and 1538.5 were denied. Defendant duly waived jury trial and submitted the cause on the transcript of the preliminary hearing. Defendant was found guilty and sentenced to 30 days in the county jail. Sentence was suspended, and she was placed on one year’s probation, subject to specified conditions. She appeals from the judgment (order granting probation).

The evidence adduced at the preliminary hearing was as follows: Officer Rose of the Los Angeles Police Department, while on patrol, responded to a radio call reporting a possible drug overdose and requesting an ambulance at an address within his jurisdiction. Upon arriving at the given address, the officer spoke with a Mr. Salter, who told the officer that he and his girlfriend (the defendant) were breaking up and that she had taken an overdose of pills from a bottle, which Salter handed to the officer. There was one pill remaining in the bottle, and there was evidence that the pills were acquired by prescription. In addition to the bottle (and its single pill)…