Gerald L. Wainwright v. Raymond K. Procunier, Director of Corrections, State of California,defendant-Appellee

Following a nonjury trial, appellant was convicted on June 22, 1967, in the Superior Court of the State of California, in and for the County of Alameda, of possessing a narcotic (codeine) in violation of the Health and Safety Code of the State of California, § 11500, and was committed to prison for the term prescribed by law.

By stipulation the case was submitted for decision, to the court, on the transcript of the preliminary hearing. During the course of the preliminary examination, and on the trial, the fruits of the search of appellant’s person and the truck in which he was a passenger were received in evidence over the objection of appellant’s counsel that the search was in violation of the Fourth Amendment of the Constitution of the United States. The Magistrate held appellant to answer in the Superior Court for violating § 11530 of the Health and Safety Code of the State of California [possession of marihuana].

On appeal to the Court of Appeals of the State of California, First Appellate District, Division Four, the conviction and sentence were affirmed in an unpublished opinion filed in that court on March 18, 1969. A petition for rehearing was denied April 17, 1969, and…