Nolan

People v. Nolan

Good Law
1963 Cal. App. LEXIS 2814·212 Cal. App. 2d 56·27 Cal. Rptr. 734
Court of Appeal of CaliforniaJanuary 17, 1963Crim. No. 1851California1,488 words

Opinion

Lead Opinion

Griffin, J.

Defendant-appellant was charged with and convicted by a jury of selling heroin, in violation of Health and Safety Code, section 11501. He admitted three prior felony convictions; two for burglary, for which he served separate terms in Texas, and one for possession of a narcotic, for which he served a term in Chino State Prison. He was represented by counsel at the trial. He appealed from the judgment in propria persona and argues in his brief that he was entrapped by an officer into the sale. (Citing such authority as People v. Roberts, 40 Cal.2d 483 [ 254 P.2d 501 ] ; People v. Jackson, 106 Cal.App.2d 114 [ 234 P.2d 766 ] People v. Schwarts, 109 Cal.App.2d 450 [ 240 P.2d 1024 ] ; People v. Lee, 9 Cal.App.2d 99 [ 48 P.2d 1003 ]; Durham v. State 162 Tex.Crim. 25 [ 280 S.W.2d 737 ].)

It is further contended by defendant that the evidence produced did not constitute a sale. (Citing such authority as People v. Richardson, 152 Cal.App.2d 310 [ 313 P.2d 651 ] ; People v. Cohen, 118 Cal. 74 [ 50 P. 20 ] ; People v. Ballard, 145 Cal.App.2d 94 [ 302 P.2d 89 ].)

Defendant’s only other contention is that the appellate court wrongfully denied defendant’s request for appointment of counsel…

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