Souza

Appellant, a minor, was found guilty of (1) selling marijuana (Health & Saf. Code, § 11531), and (2) being present where narcotics were used (Health & Saf. Code, § 11556). He was convicted chiefly upon the testimony of Martin Ortiz, Jr., who worked as an undercover agent for the Los Banos Police Department. 1 Ortiz testified that he purchased two marijuana cigarettes from the appellant while they, together with two friends of the appellant, were seated in appellant’s car; then, a short time later, on the same day, appellant and his friends smoked two marijuana cigarettes in Ortiz’ presence while all were seated in appellant’s car.

Appellant and his friends categorically denied that appellant sold any *876 cigarettes to Ortiz or that marijuana was smoked in appellant’s car by appellant or anyone else on the occasion in question. On direct examination, appellant testified that he had seen marijuana before and knew what it looked like.

The testimony of Ortiz, though suspect in the eyes of the appellant as coming from an informer in narcotic matters, was neither incredible nor improbable. On the contrary, the history of convictions for sale and use of narcotics discloses…