Encerti

This is an appeal by the People from an order dismissing a charge of offering to sell heroin (Efealth & Saf. Code, § 11352; Pen. Code, § 1203.07) granted pursuant to Penal Code section 995.

Respondent was originally charged with five counts of sale of heroin (Health & Saf. Code, § 11352) and one count of offering to sell, but the latter charge and one sale count were dismissed by the magistrate after presentation of evidence at the preliminary examination. The prosecution thereafter realleged the offer to sell count VI in the information despite the magistrate’s ruling. (Pen. Code, § 739.)

The evidence pertinent to this appeal offered at the preliminary hearing reveals the following.

On March 21, 1981, a state undercover narcotics agent, working jointly with the Vallejo Police Department, arranged a heroin purchase from respondent through an operative. 1 While the agent waited in his *795 vehicle parked in a shopping center parking lot, the operative approached respondent’s vehicle parked in the same lot, and subsequently purchased one gram of heroin. The agent observed the drug transaction from his vehicle and a nearby drug store.

As the operative was exiting…