Perez

Defendant Andrew Castulo Perez was convicted after trial by the court of possession of marijuana in violation of section 11530 of the Health and Safety Code. Defendant was also found to have been convicted of a prior felony—violation of section 11500 of the Health and Safety Code.

The ease was submitted on the preliminary transcript with each side offering additional evidence. A motion for new trial was denied, as was probation. Defendant appeals from the judgment and from order denying new trial.

Two claims of error are advanced by the defendant, namely, (1) that the arrest was illegal and evidence obtained thereby was improperly admitted, and (2) insufficiency of the evidence.

“Viewing the evidence most favorably to respondent’s ease and remembering that the trial judge ‘could have accepted portions of defendant’s testimony and statements, disbelieved other portions’ (People v. Matlock, 51 Cal.2d 682, 695 [ 336 P.2d 505 ]), the facts are as follows.” (People v. Amos, 190 Cal.App.2d 384, 387 [ 11 Cal.Rptr. 834 ].)

On February 16, 1961, deputy sheriffs for the County of Los Angeles saw the defendant- seated in the next to last seat of the right rear of a public bus. No one was…