Shubert

*812 Opinion

Orville Dilon Shubert was charged by information with selling benzedrine (Health & Saf. Code, § 11912), possessing benzedrine (Health & Saf. Code, § 11911), and possessing marijuana (Health & Saf. Code, § 11530). Pursuant to the defendant’s motion (Pen. Code, § 1538.5), the trial court suppressed evidence essential to support counts II and III (possession of benzedrine and marijuana, respectively), and dismissed those counts. The People appeal “from the order of this court of August 7, 1969, suppressing evidence and dismissing this cause.” The order suppressing evidence is not appealable and the purported appeal therefrom must be dismissed. The People’s appeal from the order of dismissal requires a review of the order suppressing evidence which made the dismissal necessary. (SeePen. Code, § 1238, subd. 7.)

Milton Eddy testified at the hearing on the motion that the defendant visited his apartment on the evening of May 3, 1969, and delivered to him about 40 benzedrine pills, for which he agreed to pay. Eddy later contacted the police, told them about the purchase, and gave all of the benzedrine pills to them.

On the evening of May 4, 1969, officers went to Shubert’s…