Porras

*876 Opinion

Defendant and appellant Richard Dean Porras appeals from the judgment of the Superior Court of Santa Clara County entered after he pled guilty to two violations of Health and Safety Code section 11378 (possession of LSD and methylenedioxy amphetamines for sale.) 1 Appellant contends on appeal that the evidence was unlawfully obtained.

In March of 1976, Officer Skalland and other members of the San Jose Police Department began surveillance of apartment 56, 3200 Payne Street, San Jose. Skalland had received information that several individuals who were believed to have been involved in an armed robbery lived in this apartment. Several times between March and June of 1976 a confidential informant, who on numerous occasions in the past provided reliable information, told Officer Skalland that narcotics were being used and sold from apartment 56 at 3200 Payne. Officer Skalland did nothing but continue the surveillance.

On June 20 and 21, 1976, the same confidential informant gave Officer Skalland firsthand information regarding narcotic activity in apartment 56. Shortly before 10 p.m. on June 22, 1976, the confidential informant told Skalland that the occupants of…