People v. Di Blasi

Good Law
1964 Cal. App. LEXIS 1087·228 Cal. App. 2d 338·39 Cal. Rptr. 416
Court of Appeal of CaliforniaJuly 6, 1964Crim. 8692California2,079 words

Opinion

Opinion

Roth, J.

Appellant was indicted and convicted of three counts: count I, possession of marijuana in violation of Health and Safety Code, section 11530; count II, possession of heroin in violation of section 11500, and count III possession of a dangerous weapon while being addicted to the use of narcotics, in violation of Penal Code, section 12021. The sentence on each count was to run concurrently. Two priors were also charged but admitted.

On February 15, 1962, four deputy sheriffs assigned to the vice detail knocked on the door of an apartment in North Hollywood leased by one George Acevedo ostensibly to inter view Patricia Bicketts, a person known to at least one of them to be a narcotics user who was occupying the apartment at the time. Deputy Phillips testified he knocked on the door and when Miss Bicketts answered, he stated that it was Bay Phillips and that he wanted to see Pat. Beceiving no reply to this statement, he moved to the window of the apartment and looked inside. He observed Miss Bicketts walking away from the door and thought he heard a commode being flushed.

Deputy Lesnick, one of the four who was known to Miss Bicketts by name, then said: “Sheriff’s Vice Detail”—...…

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