Hays

People v. Hays

Good Law
1967 Cal. App. LEXIS 2116·250 Cal. App. 2d 373·58 Cal. Rptr. 293
Court of Appeal of CaliforniaApril 24, 1967Crim. 12160California2,078 words

Opinion

Opinion

Roth, J.

Appellant, charged with violation of section 11530 of the Health and Safety Code, a felony, and three priors, admitted the priors and pleaded not guilty.

A mistrial was declared on December 1,1965.

On January 10, 1966, a second jury trial was commenced, appellant was found guilty as charged and sentenced to state prison, sentence to run concurrently with any other sentence required to be served including one for violation of parole.

Appellant had been on parole, and in violation thereof, changed his address without permission. On June 17, 1965, at noon, Agent Norton, his parole officer, another parole officer, and two police officers from the Los Angeles Police Department, without an arrest warrant, knocked on the door of appellant’s home to arrest him for parole violation.

When appellant said “yes” or “come on in,” the officers entered and arrested him. He was advised of his constitutional rights to silence, to have an attorney present at all times, and that anything he said might be used against him.

Agent Norton saw a man’s sports jacket on a couch in the living room, picked it up, and searched it. He found, among other things, approximately $300 in cash, some checks, and…

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