Bourland

People v. Bourland

Good Law
247 Cal. App. 2d 76
Court of Appeal of CaliforniaDecember 8, 1966Crim. Nos. 5019, 5455California6,655 words

Opinion

Opinion

Defendant, under the name of Scott Cretteli, was charged in three indictments with four sales of narcotics in violation of section 11501 of the Health and Safety Code. The actions were consolidated for trial. The defendant revealed his true name, entered his plea of not guilty to each of the four offenses charged, and admitted a prior conviction of possession of narcotics which was set forth in each of the indictments. Following a jury trial, verdicts were returned which found defendant guilty of each of the charged offenses.

The defendant's motion for new trial, addressed to each of the charges, was denied. The defendant interposed a motion for proceedings for an order for commitment for narcotics addiction pursuant to the provisions of section 6451 of the Penal Code (now (Stats. 1965, ch. 1226, 1 and 2) 3051 of the Welf. & Inst. Code). The following day the defendant filed a notice of appeal under the provisions of subdivision 2 of section 1237 of the Penal Code. His subsequent commitment for narcotics addiction breathed life into this premature notice of appeal as an appeal from the order denying his motion for a new trial. (Cal. Rules of Court, rule 31, subd. (a),…

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