Solorio

This is an appeal from an order dismissing an information (Pen. Code, § 995) which charged defendants with possession of narcotics (Health & Saf. Code, §11500). A motion to dismiss a previous appeal containing the same charges had been granted after the defendants were held to answer following a preliminary hearing. A second preliminary hearing having resulted in the defendants again being held to answer, the People filed a second information. The defendants made another Penal Code section 995 motion which the superior court granted, from which order this appeal is taken.

While on patrol of a wash, a police officer spied an auto parked behind a clump of trees. The officer dismounted from his motorcycle approximately 150 feet from the car. At this time the officer saw the two defendants inside the vehicle. Because the officer approached the car through a dry creek bed, he did not observe the car continuously during his approach. Arriving at the car, the officer asked the defendants what they were doing. They said they were having a picnic and listening to the radio. The officer saw no food but he did hear a radio playing. By this time another officer had arrived on the scene. The…