Walsh

People v. Walsh

Good Law
81 Cal. App. 4th 911·97 Cal. Rptr. 2d 209
Court of Appeal of CaliforniaSeptember 27, 2000A085779California2,656 words

Opinion

Opinion

The San Mateo County District Attorney filed an information charging defendant Charles John Walsh with one count of felony possession of methamphetamine (Health & Saf.Code, § 11377, subd. (a)); one count of misdemeanor possession of a hypodermic syringe (Bus. & Prof.Code, § 4140); and three misdemeanor counts involving driving with a suspended license (Veh.Code, §§ 14601, subd. (a), 14601.5, subd. (a), 14601.2, subd. (a)). The information also alleged various enhancements, including one prior felony conviction (Pen. Code, [1] § 1170.12, subd. (c)); two prior prison terms (§ 667.5, subd. (b)); and ineligibility for probation (§ 1203, subd. (e)(4)). Defendant also suffered three prior convictions within the previous five years for driving with a suspended license. Walsh pleaded not guilty and denied the enhancements.

In June 1998, Walsh moved to dismiss the information pursuant to section 995, contending that because the alleged offenses were committed within San Francisco, the San Mateo Superior Court lacked territorial jurisdiction over his case. He also filed a common law motion to dismiss on the same grounds. The court denied both motions. In October 1998,…

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