Reynolds

*1018 Opinion

Defendant was charged with, and after a trial by the court (trial by jury having been duly waived) was found guilty of possession of marijuana for sale, in violation of section 11359 of the Health and Safety Code. He has appealed; we reverse the conviction with directions.

Acting on a tip that a man named Billy Connors was selling marijuana from a certain address, the police sent a known confidential informant to that address. The informant succeeded in buying marijuana from “Billy. ” He told the police that another man, described as “a male Negro [sic] with black hair, five-feet-three to six inches tall, weighing 135 to 145 pounds, 17 to 21 years old,” had been present and had participated in the transaction. Acting on that information, the police secured a warrant for the search of the premises of Billy Connors and of the other person. Arriving at the premises, they found the door open but a screen door locked. The officers saw a man (later identified as Gregory Dawson) and defendant seated in the room. When the officers announced their errand, defendant, holding a large, clear, plastic bag, hurriedly left the room. Dawson admitted the officers. Search of the…