Holguin

This is a consolidated appeal from judgments of conviction of possessing marijuana.

In an information filed in Santa Barbara County on February 24, 1966, defendants were jointly charged with the possession of marijuana on or about February 9, 1966, in violation of the provisions of section 11530 of the Health and Safety Code. Each of the defendants pleaded not guilty. Pursuant to proper motions separate trials were had for each of the defendants. Lujan waived a trial by jury. Holguin had a jury trial. Each was found guilty as charged in the information. Probation was denied in each case and each was sentenced to the state prison for the term prescribed by law. Timely notices of appeal were filed.

A résumé of some of the facts is as follows: Officers Sanchez and Warnke were patrolling the streets of Santa Maria in a police patrol car at about 11:15 p.m. The street in question was dark and as the officers drove their car they observed a car parked in front of a vacant lot or field. They decided to investigate and made a TT-turn and stopped behind the parked 1954 Chevrolet ear. It appeared that there were two persons in the parked car and the windows were fogged. White lights from…