Aviles

Appellant appeals from a judgment of conviction entered pursuant to a jury verdict finding him guilty of violation of Health and Safety Code section 11530, possession of marijuana.

On February 21, 1970, at approximately 10:30 p.m., California Highway Patrolmen Kaiser .and Spence were in Cutler at the intersection of Road 124 and Avenue 408, investigating a hit-and-run property damage accident. While parked at the side of Road 124, they observed a car coming from'their rear, traveling north on Road 124, with its headlights out of adjustment. Officer Kaiser stepped out of the patrol car and flagged down the approaching car with his flashlight. As it slowed to stop, Kaiser noticed the passenger “with his left hand appear to be hiding something or he was doing something with his left hand.” Kaiser could see the chest, shoulders and head of the passenger.

After the car stopped, Kaiser went to the passenger side of the automobile and asked appellant, who was the passenger, to bring his left hand into view. When he did not respond, Kaiser opened the door and asked him to step out of the car. Appellant, upon stepping from the car, did not immediately present his left hand for…