Velasquez

People v. Velasquez

Bad Law
126 Cal. Rptr. 656·1976 Cal. App. LEXIS 1165·54 Cal. App. 3d 695
Court of Appeal of CaliforniaJanuary 22, 1976Crim. 27268California1,133 words

Opinion

Opinion

Kingsley, J.

In case No. A314154, defendant, together, with three other persons, was charged (count I) with offering to sell heroin, in violation of section 11352 of the Health and Safety Code; the same four persons were charged (count II) with attempted grand theft, in violation of sections 487 and 664 of the Penal Code; the same four were also charged (counts III through VI) with using heroin, in violation of section 11550 of the Health and Safety Code. The trial of defendant Moreno was severed; defendant and the other two defendants were tried jointly. The jury found defendant Velasquez and codefendant Hansen guilty on counts I and III and not guilty on count II. Codefendant Chagolla was found guilty on count III, not guilty on count II; the jury was unable to agree on count I. Defendant Velasquez was sentenced to state prison on count I and to one year in the county jail on count II, the sentences to run concurrently and concurrently with the sentence in case No. A290544.

In case No. A290544, defendant Velasquez had pled guilty, in 1973, to a violation of (then) section 11501 of the Health and Safety Code; he was granted probation. Probation was revoked and he was sentenced to…

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