People v. Ambrozic

Opinion

ELKINGTON, J.

Defendant Ambrozic was convicted of violating Health and Safety Code sections 11530, .11531 and 11910, following a nonjury trial.

[870]

On the section 11530 charge, judgment sentencing him to state prison was imposed. On the remaining charges, sections 11531 and 11910, imposition of judgment was suspended and he was placed on probation for five years and three years, respectively. He has appealed from the judgment and from an order denying a new trial; he has not appealed from the orders grantng probation. However, we treat his notice of appeal as including the orders granting probation, as obviously intended. “[A] notice of appeal will be liberally construed to permit a hearing on the merits and avoid a dismissal because of some technical defect or irregularity.”

(People

v.

Robinson,

43 Cal.2d 143, 145 [271 P.2d 872].) The order denying a new trial being nonappealable (see Pen. Code, § 1237), the appeal therefrom will be dismissed.

There is no conflict as to the relevant evidence.

Law enforcement authorities held many arrest warrants resulting from Marin County narcotic violations observed through undercover police activity. Involved county, state and federal officers arranged to execute the warrants on February 23, 1968. Deputy Sheriff Teixeira, operating in an undercover capacity, had purchased narcotics from Ambrozic, one of the subjects of the arrest warrants. The transaction took place in a houseboat occupied by Ambrozic and others. On the day set for the arrests Teixeira was directed to enter the houseboat to determine whether any of the persons designated in the warrants were present. While other officers waited nearby Teixeira knocked on the door and was admitted. Inside he found several of the named persons, including Ambrozic. He then left the premises and reported this information to the waiting officers. A group of four or five officers then approached the houseboat. One of them knocked on the door and shouted, “It’s the police.” The door was opened by one Thomas for whom the officers held an arrest warrant. The officers walked in and arrested Thomas, Ambrozic and others.