Escamilla

People v. Escamilla

Good Law
135 Cal. Rptr. 446·1976 Cal. App. LEXIS 2235·65 Cal. App. 3d 558
Court of Appeal of CaliforniaDecember 30, 1976Crim. 2578California2,373 words

Opinion

Opinion

Brown, J.

Appellant, Mary Escamilla, was charged with and convicted of sale of heroin on March 11, 1975 (Health & Saf. Code, § 11352, subd. (a), count I), sale of heroin on March 13, 1975 (Health & Saf. Code, § 11352, subd. (a), count II), and possession of heroin (Health & Saf. Code, § 11350, subd. (a), count III).

Conviction of the two sale-of-heroin counts (counts I and II) is supported by adequate evidence of sales by appellant on March 11 and March 13, 1975, to an addict operating as an agent of the police. The evidence supporting her conviction of the possession count (count III) was seized as the result of a search of her home pursuant to a search warrant issued by a nonattomey magistrate.

As grounds for reversal appellant urges that (1) the person to whom the sales were made was an accomplice and her testimony was not corroborated (Pen. Code, § 1111); (2) she was denied a speedy trial as required by Penal Code section 1382; and (3) because the search warrant was signed by a nonattorney judge, the search of her home was unlawful under the rationale of Gordon v. Justice Court (1974) 12 Cal.3d 323 [ 115 Cal.Rptr. 632 , 525 P.2d 72 ] (cert, den., 420 U.S. 938 [ 43 L.Ed.2d 415…

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