Sousa

Michael Alan Sousa appeals from a judgment entered upon his plea of no contest to a charge of cultivation of marijuana (Health & Saf. Code, § 11358). He contends that the warrant issued for search of his residence was illegal because it was not based on an affidavit setting forth probable cause, and that the trial court therefore erred in denying his motion to suppress pursuant to Penal Code section 1538.5. We disagree and affirm.

Factual and Procedural Background

On October 10, 1990, Edward James Pecis, a special agent of the California Department of Justice, Bureau of Narcotic Enforcement (BNE), applied to a Del Norte County Superior Court judge for a warrant to search appellant’s residence at 118 Redmond Road, Eureka, in Humboldt County. The affidavit of probable cause attached to the warrant application stated that on October 4, 1990, Sergeant Brian Tilley of the Del Norte County Sheriffs office contacted Pecis to ask for assistance in arranging a “reverse sting” or controlled sale of 10 pounds of marijuana to appellant. That same day, Special Agent Ronald Prose of the BNE field office in Redding told Pecis that he had known appellant to use marijuana in the past.…