Getz

Walter Layton Getz, Jr. (Getz), seeks a writ of prohibition after the superior court denied his Penal Code section 995 motion to dismiss count two of an information charging him with possession/sale of ephedrine, in violation of Health and Safety Code 1 section 11106, subdivision (f). We issued a stay of trial, and now after argument we grant the petition.

Factual and Procedural Background

On August, 25, 1988, an undercover officer assigned to the narcotics task force was introduced to Getz as a source for acquiring ephedrine, a precursor chemical in the manufacture of methamphetamine. On August 26, the same undercover officer sold Getz 10 pounds of ephedrine for $2,800. After Getz left the purchase location, he was surveilled by other officers assigned to the case. Early in the morning of August 27, Getz was arrested while driving through the California desert towards the Arizona border. The arresting officers seized 10 pounds of ephedrine from Getz’s car.

A felony complaint filed in the municipal court charged Getz in the first count with possession/sale of ephedrine (§ 11106, subd. (f)) and in the *1169 second count with selling/furnishing nonnarcotic controlled…