Wiener

A jury found defendant Donald Joseph Wiener guilty of seven counts of possessing obscene matter with intent to distribute it to others (Pen. Code. §§ 311.2, 311.9; Stats. 1969, ch. 249, p. 598). As to each count, Wiener admitted six prior convictions of violating Penal Code section 311.2. He appeals after the trial court sentenced him to prison, consecutively as to two counts, and stayed execution of sentence as to the remaining counts.

On July 10, 1975, Wiener possessed, with the requisite intent to distribute, magazines and a motion picture dealing with the subjects of pedophilia and bestiality, and on July 22, 1975, he similarly possessed motion pictures dealing with the subject of bestiality. The matter was purchased by district attorney’s investigator, Harry Grady, who worked undercover as a clerk at a bookstore called the Fifth Street Arcade, at 836 Fifth Street, San Diego. Grady worked with Richard Burton Sanders whom Wiener had hired to “front” the store as the apparent owner and licensee when in fact Wiener owned it. Wiener ordered Sanders to keep a second set of records reporting only half of the receipts which were turned over to the bookkeeper for tax evasion…