People v. Castellanos

VALLÉE, J.

In a jury trial defendant was convicted of a violation of section 11500 of the Health and Safety Code. He appeals from the judgment. His sole contention is that the court erred in admitting in evidence the information and minutes of the court with respect to a prior conviction of possession of a narcotic.

About 2:20 p. m. on February 8, 1957, a deputy sheriff saw defendant throw 12 marijuana cigarettes to the ground as the deputy sheriff and a fellow officer approached.

Defendant was charged with a prior conviction in that on May 22, 1954 he was convicted of a violation of section 11500 of the Health and Safety Code. On his arraignment he admitted the prior conviction as charged. As part of the People’s case, for the purpose of showing defendant knew the 12 cigarettes contained marijuana, the district attorney, over objection, introduced in evidence and read to the jury the information in the prior ease which charged that on May 9, 1954, in Ventura County defendant “did unlawfully possess marijuana” and the minutes of the Superior Court of Ventura County in that case which state that defendant pleaded

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guilty to the offense charged. Immediately following the reading of these documents the court told the jury that this evidence was introduced for a limited, single purpose: that defendant

“is

charged here with possessing marijuana, and this evidence that has just been read to you is admitted only for the purpose of constituting evidence if you conclude that it does do that, that it is evidence, that he knew, that he possessed marijuana, and you will hear argument on that subject, but it is limited to that purpose, to the question of knowledge. It is not introduced for the purpose of showing that he was convicted on some other occasion of some other crime, similar or otherwise. It is admitted into evidence only to apply if you think it applies, to the question of knowledge. In other words, if he knowingly possessed marijuana.” Defendant did not testify.

The general rule is that when a defendant is charged in an accusatory pleading with having suffered a prior conviction and he is asked whether he has suffered such prior conviction and he answers that he has, “the charge of the previous conviction must not be read to the jury, nor alluded to on the trial.” (Pen. Code, §§1025, 1093.) In a prosecution for the unlawful possession of a narcotic the People must prove, as an essential element of the charge, knowledge on the defendant's part of the narcotic character of the object possessed. The court in