Gelfuso

People v. Gelfuso

Good Law
16 Cal. App. 3d 966·1971 Cal. App. LEXIS 1656·94 Cal. Rptr. 535
Court of Appeal of CaliforniaApril 22, 1971Crim. 17393California1,645 words

Opinion

Opinion

Herndon, J.

Defendant appeals from the. judgment entered following a nonjury trial that resulted in his conviction for possessing marijuana for purposes of sale in violation of Health and Safety Code section 11530.5. Appellant contends: “I. The contraband evidence was obtained as a result of an invalid search and seizure. II. There is insufficient evidence that appellant had dominion and control over the contraband. III. The court’s sentence was unduly influenced by hearsay material attached to the probation report.” We have concluded that these contentions are without merit.

Thomas E. Lannin, an investigator with the Los Angeles District Attorney’s office, assigned to the intelligence detail, testified that prior to April 13, 1968, he “had had information about Mr. [Richard] Caroleo being in the loan-sharking business and had run approximately a three- or four-week surveillance of Mr. Caroleo and had seen [appellant] in the company of Mr. Caroleo on numerous occasions.” Lannin further testified:

Hacker identified appellant as the man called “Louis” and a Mr. Fronte, as “Jack.” Hacker also advised Lannin that at least one of the checks tendered in payment of his loan was still…

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