People v. Tennessee

Opinion

AISO, J.

The People appeal from an order setting aside an information under section 995 of the Penal Code. (Pen. Code, § 1238, subd. 1.) Defendant was charged by information in count I with illegal possession of seconal, a restricted dangerous drug (Health & Saf. Code, § 11910), and in count II with driving upon a highway while under the influence of intoxicating liquor and a drug (Veh. Code, § 23102, subd. (a)).

It appears that the trial court set aside the information upon the theory that the arrest, which occurred in the City of Pasadena, could not have been

[790]

effected legally by deputy sheriffs of Los Angeles County under the circumstances reflected in the transcript of the preliminary hearing.

We have concluded that the arrest was legal and that the order should be reversed.

I.

Since defendant (respondent) has filed no brief, we shall assume the facts to be as set forth in the People’s (appellant’s) opening brief. (Rule 17(b), Cal. Rules of Court;

Roth

v.

Keene

(1967) 256 Cal.App.2d 725, 727 [64 Cal.Rptr. 399];

Relaxacizor, Inc.

v.

W. B. Geissinger & Co.

(1963) 221 Cal.App.2d 19, 21 [34 Cal.Rptr. 269];

Piercy

v.

De Fillipes

(1963) 215 Cal.App.2d 284, 289 [30 Cal.Rptr. 62].)

“On December 14, 1968, Robert Webb, a uniformed Deputy Sheriff of Los Angeles County, and his partner were in a marked radio car at about 2:25 a.m. driving southbound on Fair Oaks [at a point within Altadena which is policed by the sheriff’s office]. A vehicle in front of the [sheriff’s car] also proceeding southbound on Fair Oaks attracted Webb’s attention because it was weaving in long sweeping curves from the center lane to the curb and back again approximately one block south of Woodbury. This occurred three times in four or five blocks. Fair Oaks is painted for one lane in each direction but it is wide enough to accommodate three lanes of traffic in each direction.