People v. De Shore

This appeal is from a judgment of conviction of three violations of Health and Safety Code, section 11501, sale of narcotics (heroin). Appellant asserts that the court committed prejudicial errors of law, that the prosecutor was guilty of misconduct, and that the convictions are not supported by the evidence.

In presenting these points, appellant has, except as to the first, utterly disregarded the Rules on Appeal. His brief does not contain a single reference to the transcript in support of either of the other two points. His excuse is that he was given seven days’ notice to turn in his brief. This, however, was after he had been given three extensions of time. The transcripts were filed with this court on September 14, 1960, and counsel had until February 14, 1961, a period of five months, in which to file his brief.

The first contention, as to prejudicial errors of law, is not supported by any citation of law (see People v. MacArthur, 125 Cal.App.2d 212, 217 [ 270 P.2d 37 ], involving the same counsel), and could be disregarded for that reason. In any event, the point is without merit. Appellant was charged with three prior convictions. As to these, he stood mute, and the…