Huerta

The People appeal from an order of the superior court setting aside an information (Pen. Code, § 995) charging defendants with possessing marijuana (Health & Saf. Code, § 11530).

Police officers observed a group of six to eight young men, including the defendants, gathered at night on a street corner in El Centro. As the officers approached, one of the group took some articles from inside his sweater and threw them under a car. One officer retrieved the articles; they were a cigarette lighter, cigarette papers, and a plastic bag containing approximately 2.5 grams of marijuana. When the officer said it appeared to be marijuana, the group scattered and ran away; defendants were apprehended shortly afterward in the area. Lopez was found hiding on top of a building. Huerta attempted to escape again and was shot and wounded by the police.

Marijuana debris was found shortly after arrest in the pockets of the clothes both defendants were wearing. The debris was identified as marijuana by a forensic chemist.

The trial court dismissed the information on the ground that there was no evidence linking the defendants to possession of the plastic bag containing marijuana. The basis for its…