Wilson

Appellant was charged with cultivation of marijuana (Health & Saf. Code, § 11358) 1 and possession of marijuana for sale (§ 11359). He subsequently filed motions to dismiss the information (Pen. Code, § 995) and suppress evidence (Pen. Code, § 1538.5) on grounds that *164 material xculpatory evidence was destroyed in contravention of his due process rights and that a search warrant was issued without probable cause. The motions were heard and denied by the trial court, whereupon the case was assigned for trial.

Pursuant to stipulation, the case was tried upon the transcript of the preliminary examination, which, as pertinent to this appeal, contained the following evidence.

On September 12, 1983, Detective Jack Bliss of the Santa Clara Police Department received a tip from an anonymous informant that marijuana plants were being grown in the backyard at 2205 San Antonio Place in the City of Santa Clara. On the same day, at approximately 12:30 p.m., Officer Bliss went to that location to inspect the premises. The officer was unable to observe marijuana from the front of the residence, so he walked along the sidewalk of a “parallel street” to view the backyard from…