Goodman

People v. Goodman

Good Law
1971 Cal. App. LEXIS 1173·20 Cal. App. 3d 284·97 Cal. Rptr. 534
Court of Appeal of CaliforniaSeptember 28, 1971Crim. 19579California882 words

Opinion

Opinion

Defendant was charged in count I of the information with sale of marijuana (Health & Saf. Code, § 11531) and in count H with possession of marijuana for sale (Health & Saf. Code, § 11530.5). Defendant’s motion under section 995 of the Penal Code was granted as to count II, and that count was dismissed. Defendant pleaded not guilty to count I. His motion to dismiss for failure to comply with the mandate of Eleazer v. Superior Court, 1 Cal.3d 847 [ 83 Cal.Rptr. 586 , 464 P.2d 42 ], was denied. Defendant waived jury trial. The cause was duly submitted on the transcript of the preliminary hearing in accordance with the requirements of In re Mosley, 1 Cal.3d 913 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ]. The court found defendant guilty on count I. Proceedings were suspended. Defendant was placed on three years’ probation. He appeals.

On May 1, 1970, Sergeant Urista of the Los Angeles Police Department was told by an informant named Phil Staab that Staab had been defendant’s roommate at La Mancha Hall just off the U.C.L.A. campus for about one month, and that he had seen defendant make sales of marijuana and dangerous drugs. This was the first contact Urista had ever had with…

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