Brandow

People v. Brandow

Caution
12 Cal. App. 3d 749·1970 Cal. App. LEXIS 1665·90 Cal. Rptr. 891
Court of Appeal of CaliforniaNovember 6, 1970Crim. 17551California1,835 words

Opinion

Opinion

Jefferson, J.

Jerry Brandow was charged by grand jury indictment with two counts of pandering, two counts of attempted pandering, and one count of conspiracy. On motion under Penal Code section 995 all charges were dismissed except one count of pandering and a second count of attempted pandering. The defendant’s motion to suppress evidence of telephone conversations (Pen. Code, § 1538.5) and his subsequent motion to acquit (Pen. Code, § 1118.1) were denied and the jury returned a verdict of guilty as to the first count only. The defendant’s subsequent motions for new trial and to set aside the indictment were denied; proceedings were suspended and the defendant was granted two years’ probation conditioned upon the payment of a $300 fine and $75 penalty assessment. He appeals from the judgment (order granting probation).

Defendant Brandow contends that the recording of his telephone conversations without a warrant constituted illegal search and seizure and also violated his privilege against self-incrimination; that the prosecution’s objection to the disclosure of the true name of the chief witness was improperly sustained; that defendant’s motion to acquit was improperly denied; and…

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