Perez

Following a jury trial on an information charging him with a violation of section 11530 of the Health and Safety Code (possession of marijuana) and one prior felony conviction for the sale of heroin (admitted prior to trial), defendant was found guilty, denied probation and sentenced to the state prison for the term prescribed by law. He now appeals, from the judgment of conviction.

On November 10, 1964, about 6 or 6:30 p.m., Detectives Willis and Richenherger of the San Bernardino County sheriff’s office were proceeding southerly on Riverside Drive in Rialto in an unmarked sheriff’s vehicle with Detective Willis driving. It was dark and had been raining intermittently. The officers intended to turn east on Slover Street to continue a surveillance of a suspected narcotics peddler’s house which was located less than a quarter of a mile from the intersection of Slover and Riverside Drive. As they neared the intersection they saw a vehicle turn onto Riverside Drive in front of them. Upon noting that the vehicle was one defendant had previously been seen driving and believing that the suspected narcotics peddler might also be in the vehicle, Willis pulled closer whereupon he…