People v. Baxter

WHITE, P. J.

On May 29, 1952, defendant Elsie Alzina Baxter was cited for a violation of section 274(b) of the Vehicle Code of the State of California, a misdemeanor, by a traffic officer of the California Highway Patrol. On June 3, 1952, the defendant pleaded guilty to a violation of the foregoing section of the Vehicle Code in the Justice Court of Arroyo Grande-Pismo Beach Judicial District, and thereafter paid a fine in the sum of $15 as a penalty for such violation.

Subsequently, a complaint was filed against the defendant for a violation of section 332 of the Vehicle Code, a misdemeanor. After preliminary examination in the justice court, defendant was held to answer to the superior court. On November 15, 1952, an information was filed and the defendant upon being arraigned, entered two pleas: first, the defendant pleaded not guilty, and secondly, not guilty by reason of former jeopardy.

It was stipulated that the act of driving the motor vehicle which was the basis for the citation under section 274(b) of the Vehicle Code, was the same act of driving' the motor vehicle upon which the charge of violating section 332 of the same code was based.

Defendant’s plea of once in jeopardy was predicated upon the conceded fact that on June 3, 1952, she pleaded guilty in the Justice Court of the Arroyo Grande-Pismo Beach District for a violation of section 274(b) of the Vehicle Code, and on June 10th paid a fine as aforesaid.

Section 274(b) of the Vehicle Code, to a violation of which defendant pleaded guilty, provides:

“The licensee shall have such license in his immediate possession at all times when driving a motor vehicle upon a highway and when so driving shall' display the same upon demand of a member of the California Highway Patrol or any peace or traffic officer enforcing the provisions of this Code.”

Section 332 of the Vehicle Code, upon which the information was filed in the superior court, reads:

“Any person who drives a motor vehicle upon a highway at any time when his operator’s or chauffeur’s license or driv

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ing privilege is suspended or revoked, or when a license or permit to drive has been refused and no license has been issued to him under the provisions of this code, and the person so driving has knowledge of either such fact, is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than one year, or by fine of not more than one thousand dollars ($1,000.00) or both.”