Moraga

In an indictment, defendant and a codefendant were charged in two counts with violation of section 11531 of the Health and Safety Code. Defendant was arraigned in superior court; a motion to set aside the indictment under section 995 of the Penal Code was made, continued, and later withdrawn. Defendant pled not guilty to both counts. After a trial by jury, a verdict of guilty as to count I was returned; a not guilty verdict was returned on count II. The court denied probation and ordered that defendant be committed to the Youth Authority. Defendant appeals.

Undercover narcotics agent, Edward Noriega, in the presence of Freddy Bustillo, a paid informer, had a conversation with defendant while standing in front of a barber shop. The officer asked defendant if he had any marijuana. Defendant replied that he did not, but that he knew where he could obtain it. Defendant got into the state vehicle and directed Noriega to drive to the Colonia to locate a person named Connie who always had marijuana on him. Noriega testified that the defendant stated that he would start dealing in marijuana when he finished the barber’s exam, and that he had a connection who could obtain marijuana. The…