People v. Santa Maria

Appellant Lee Santa Maria was charged along with codefendant William Craig, his brother-in-law, with possession of marijuana (Health & Saf. Code, § 11530). It was also alleged that appellant had previously been convicted of a felony for sale of marijuana. Craig pleaded guilty; appellant pleaded not guilty and denied the prior. The information was subsequently amended to allege the prior as a misdemeanor, whereupon appellant was rearraigned and admitted the former conviction. Appellant was found guilty after a jury trial. He made a motion for a new trial which was denied. Probation was likewise denied and he was sentenced to state prison for the term prescribed by law. Appellant has appealed from the judgment and from the denial of his motion for a new trial.

The facts viewed in the light most favorable to the prosecution show: At 4 a. m. on May 11, 1961, Officer Cude and another officer were investigating a robbery that had occurred in the Long Beach area. Two men, later identified as Craig and Santa Maria, were walking toward the Cozy Hotel. As the officers approached, the appellant and Craig looked at the officers and ran inside the hotel. The officers followed them into the…