Ynostroza

Defendant was charged in count I with violation of Health and Safety Code, section 11531 (offering, selling or furnishing marijuana), and in count II with violation of section 11530.5 (possessing marijuana for sale). The jury convicted him on count I and acquitted on count II.

Evidence in the record which supports the judgment will be stated briefly. One evening about 7 p.m. officers went to the home of Olivia Mae Hawkins and arrested her on a narcotics charge. She agreed to assist the officers to apprehend her source. She telephoned defendant and told him that she had a chance to make “a little change” and asked, “Do you think you can do that for me tonight?” Defendant asked, “What did you want?” and Miss Hawkins replied, “One.” Defendant agreed to call back. The officers recorded this telephone conversation with Miss Hawkins ’ consent.

At about 10 p.m. defendant came to Miss Hawkins’ door. The officers were concealed inside. Defendant asked her if she had money, and told her she should get a ear and follow him.

Two officers accompanied Miss Hawkins in an automobile as they followed defendant for several blocks. She drove and the officers concealed themselves in the back seat.…