People v. Chapman

Opinion

ROTH, P. J.

People appeal from an order dismissing an information (Pen. Code, § 1238, subd. (a)(1) charging respondents Eric Franklin Chapman (Chapman) and Warrenton Gilmore (Gilmore) with a violation of section 11530 of the Health and Safety Code.

*46On August 4, 1972, one of the two police officers cruising in a police vehicle on Exposition Boulevard, at approximately 2 a.m., observed a 1964 blue Chevrolet with a smashed out window on the driver’s side, occupied by two males, parked at the curb on the opposite side of the street. The observing officer, thinking the car might have been…