Garcia

Defendant was charged with a violation of section 11530.5 of the Health and Safety Code (possession of marijuana for sale); a prior conviction of felony was -also charged. After a motion under section 995 of the Penal Code had been made and denied, he pled not guilty and denied the prior. Trial by jury was duly waived, he was found guilty and the prior was found to be true. Probation was denied and a state prison sentence was imposed.

The police were informed by an informant that defendant was in possession of a large quantity of marijuana. The in *343 formant was searched and given a $1.00 hill, the serial number of which was recorded. Under the observation of the officer, the informant went to the door of defendant’s residence, had a conversation with someone at the door, during which the informant appeared to hand something to that person and receive something in exchange. On the informant’s return to the officer, he had two marijuana cigarettes and told the officer that he had secured them from defendant in exchange for the bill, which defendant had placed in his wallet. The officer, with other' officers, forced an entry into the house and found the $1.00 bill in defendant’s…