Vega
People v. Vega
Opinion
Opinion
Defendant was charged in count I of a three count information with offering to sell seconal (Health & Saf. Code, § 11912), in count II with possession of seconal for sale (Health & Saf. Code, § 11911), and in count HI with carrying a loaded firearm in a vehicle while in a public place, in an incorporated city, to wit: El Monte (Pen. Code, § 12031). He pleaded not guilty and waived jury trial. Defendant waived his right to confront and cross-examine witnesses. Pursuant to stipulation the court read and considered the transcript of the preliminary hearing. Defendant testified in his own behalf and also submitted the testimony of a friend, by way of stipulation, as partial corroboration of his own testimony. The court found defendant guilty of count I, not guilty of count II, and guilty of count HI. Probation was denied. Defendant was sentenced to state prison on count I. He was sentenced to 90 days in county jail on count III, the sentence to run concurrently with that imposed in count I. The court reserved jurisdiction under section 1168 of the Penal Code. Defendant appeals from the judgment.