Denman

Defendant was charged with possession of marijuana in violation of section 11530 of the Health and Safety Code. Defendant’s motion to set aside the information pursuant to Penal Code section 995 was granted and the court ordered the information dismissed. The People appeal pursuant to Penal Code section 1238, subdivision (a)(1). The facts pertinent for the determination of this appeal as set forth in the clerk’s transcript of the preliminary examination are as follows:

On May 4, 1970, Deputy Sheriff Griffith was driving a sheriff’s patrol vehicle northbound on Hacienda Boulevard in the number one lane. He observed defendant driving a 1959 Cadillac northbound in lane number two. Defendant made a quick turning movement across lane number one, into the left turn lane at Francisquito Street without giving any signal. The officer had to slow his own vehicle to avoid the possibility of contact. The officer stopped defendant’s vehicle and approached it from the driver’s side and asked defendant for his driver’s license. Defendant told the officer that he had lost his license and that he did not own the Cadillac. Officer Griffith thereupon arrested defendant for violation of…