Haskins

This case lends credence to President Lincoln’s remark that you can’t fool all of the people all of the time.

Factual and Procedural Background

On September 2, 1983, two California Highway Patrol officers stopped defendant’s vehicle for a traffic violation and found six bindles of cocaine in the car and over $1,200 in cash on defendant. After a struggle with the officers, he was arrested.

At booking, defendant identified himself as Leroy Haskins. He also had a vehicle registration certificate in that name. However, his driver’s license, which had his photo on it, was in the name of Bobby Gregory. He was booked as Bobby Gregory aka Leroy Haskins.

On September 7, 1983, a complaint was filed in Sacramento Municipal Court charging Bobby Carl Gregory with possession of cocaine for sale (Health & Saf. Code, § 11351) and battery on a police officer (Pen. Code, §§ 242, 243).

On October 19, 1983, defendant appeared in Sacramento Municipal Court. There, the following colloquy occurred:

The judge then diligently changed the “C” in Carl to an “E” for Earl on the face of the complaint.

Bobby Earl then waived preliminary hearing and pled guilty to the lesser included offense of…