Cedeno

People v. Cedeno

Good Law
1963 Cal. App. LEXIS 1768·218 Cal. App. 2d 213·32 Cal. Rptr. 246
Court of Appeal of CaliforniaJuly 12, 1963Crim. 4245California6,283 words

Opinion

Opinion

Molinari, J.

After a nonjury trial, defendant was convicted of possession of marijuana, with a prior felony conviction for possession of narcotics, in violation of section 11530 of the Health and Safety Code of the State of Cali fornia. The conviction resulted upon the testimony of Police Officer Charles Wettstein, who testified substantially as follows:

On the following Monday, September 18th, Miss Friend was again contacted by the police and was asked to make another purchase. She went up to the hotel room but no one answered the door. Upon returning to the police car, Miss Friend identified the driver of a passing car with the statement “ ‘That’s him now. . . .’ ” Thereafter, and on October 17, 1961, Miss Friend was encountered at Sixth and Mission Streets at 1 o’clock in the morning just as Wettstein was going off duty. She got into the police car and was asked if she had seen “Al” at the hotel in question. She answered that she had been up there that day and that he had marijuana in the room on the table, on the bed and “every place in the room.” That evening Wettstein and three other police officers went up to room 24 in the hotel located at 80 Ninth Street. The officers knocked at the…

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