People v. Clark

Defendants Elaine Rose Fodor (Fodor) and Steven Arthur Clark (Clark) respectively appeal from an order placing Fodor on probation following her conviction of the offense of being present in a place where to her knowledge marijuana was being used (Health & Saf. Code, § 11556), and a judgment imposing sentence on Clark for the crime of possession of marijuana (Health & Saf. Code, § 11530).

Their convictions were in a nonjury trial in which the evidence, by stipulation, including the personal stipulations of both defendants, was that in the transcript of the preliminary hearing and the stipulations made therein.

At the time the case was called for trial, but before commencement of trial, a motion on behalf of both defendants to suppress the physical evidence 'was heard and denied. That motion was decided upon the transcript of the oral proceedings at the preliminary hearing and upon the testimony of witnesses including that of two of the police officers who had testified at the preliminary hearing, Keenum and Doum. In that hearing, the other witnesses on behalf of the prosecution were Bruce San die and John P. Barry. On behalf of defendants, witnesses testified as to whether Clark…