People v. Douglas

WHITE, P. J.

In an information filed by the district attorney of Los Angeles County, appellant and one Harold Douglas were charged with a violation of section 11500 of the Health and Safety Code of this state. Defendant Douglas pleaded guilty to the charge while appellant entered a plea of not guilty. When the cause was called for trial as to the latter, an amended information was filed charging a prior conviction, that of violation of the aforesaid Health and Safety Code section, a misdemeanor. Appellant stated her true name to be Norma Graybeal in place of Norma Biederman. To the amended information appellant pleaded not guilty and denied the prior conviction. Trial by jury was waived and pursuant to stipulation the People’s case was submitted on the transcript of the preliminary hearing, the exhibits admitted at the preliminary hearing were admitted, and both sides reserved the right to put on additional evidence. Evidence was offered by defendant and the People presented testimony in rebuttal. Appellant was adjudged guilty. Application for probation was filed and upon the hearing thereof, the prior conviction alleged in the information was stricken, probation was denied, and appellant was sentenced to imprisonment in the county jail for the term of one year. Prom the judgment, the order denying her motion for a new trial, and from the sentence, appellant prosecutes this appeal.

An appeal from the sentence is not authorized by law and must be dismissed

(People

v.

Willey,

128 Cal.App.2d 148, 152 [275 P.2d 522]).

We regard the following as a fair epitome of the factual background surrounding this prosecution. Officer George L. Moeller, a Los Angeles policeman, arrested defendant and others on April 19, 1955, at 1249 East 28th Street. Officer Moeller had gone to the rear of this address and at the time his fellow officer attempted to enter the front door thereof he observed one of the room’s occupants, not this defendant,

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come out the back door. He observed this person drop a box containing numerous items. Officer Moeller identified People’s Exhibit la as the items dropped by this person. He handcuffed the latter and then went into the room where the arrests were made. Material found within the room, including People’s Exhibit la, were introduced as exhibits and identified as marihuana.