Neely
People v. Neely
Opinion
Lead Opinion
Griffin, J.
Defendant-appellant was convicted by a jury of the charge of possession of marijuana in violation of section 11530, Health and Safety Code. He admitted a prior *404 conviction of section 11500 of said code. He, in propria persona, filed a notice of appeal. Defendant’s trial counsel was appointed to represent defendant on this appeal and he has reported that he is unable to find any error sufficiently prejudicial to justify a reversal. Defendant, in propria persona, makes several claims as grounds for reversal, such as disbelief of the arresting officer’s testimony, claimed prejudicial misconduct of the district attorney in mentioning defendant’s past record to the jury, claimed inconsistent statements of the officer between his testimony at the trial and that taken before the committing magistrate, and insufficiency of the evidence to warrant a conviction.
The attorney general filed a memorandum brief setting forth results of his examination of the record and he concluded that there was ample evidence to sustain the judgment and found no error justifying a reversal.
The evidence shows that about 11:50 p.m. on September 2, 1959, two police officers, in a patrol car near 30th and…