People v. Gonzales

Good Law
1928 Cal. App. LEXIS 211·88 Cal. App. 245·262 P. 1115
Court of Appeal of CaliforniaJanuary 5, 1928Docket No. 1539.California1,208 words

Opinion

lead Opinion

Houser, J.

-Defendant pleaded guilty to a. charge of unlawful possession of intoxicating liquor, as well as to theretofore having been found guilty of three several offenses of the same character. Thereupon she was sentenced to serve one year in the county jail and to pay a fine of $500, with the payment of $250 of such fine being “suspended.” She appeals from the judgment.

The first point made by appellant is that:

In connection therewith, appellant directs attention to what she claims occurred at the time sentence was im, , to wit, that her counsel requested the judge of the trial court -to take judicial notice of the fact that each of the several prior convictions of defendant was for a violation of a local city ordinance and consequently that a conviction therefor might not be pleaded for violation of a state statute. The record on appeal, however, fails to disclose the facts to which appellant refers. Nor does the language appearing in the information against defendant support her contention. Bach of the several allegations as to two of the charges in the information was to the effect that at a specified time, in the police court of the city of San Bernardino, the defendant was…

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