Dorsch

People v. Dorsch

Bad Law
1992 Cal. App. LEXIS 222·3 Cal. App. 4th 1346·5 Cal. Rptr. 2d 327·92 Daily Journal DAR 2579
Court of Appeal of CaliforniaFebruary 26, 1992A051397California1,854 words

Opinion

Opinion

Chin, J.

Appellant was sentenced to prison after being convicted of receiving stolen property. The published part of this opinion addresses whether the trial court erred by relying on Penal Code section 1203, subdivision (e)(4), to deny probation when appellant’s prior felony convictions were not pleaded. The unpublished part of this opinion addresses appellant’s argument that evidence suggesting drug use was introduced improperly at trial. We find no error and affirm the judgment.

Facts

On June 10, 1990, Allen Scott Mullins returned home to find his back door had been kicked or pried open and a small safe was gone from his bedroom. The safe had contained Mullins’s coin and stamp collections, among other things. Seventeen days later, the police showed Mullins a small cloth bag containing two coin books and several glossine envelopes containing stamps. Mullins recognized the bag, which he had kept in the safe, as his property because of its lettering, design, and condition. He also identified the stamps as his. As to the coin books, Mullins said that one was not his and the other was similar to one he had, though there was nothing remarkable about his book.

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