People v. Hendrix

HERNDON, J.

After a jury trial appellant was found guilty of possession of marijuana in violation of section 11530, Health and Safety Code. During the trial he admitted two prior felony convictions, which previously he had denied. He appeals from the judgment of conviction contending (1) that the trial court erred prejudicially in failing to read the accusatory pleading and state his plea to the jury immediately after the jury was impaneled and sworn; and (2) that there is insufficient evidence to support the verdict.

Section 1093 of the Penal Code provides, in part: “The jury having been impaneled and sworn, unless waived, the trial must proceed in the following order, unless otherwise directed by the court: 1. If the accusatory pleading be for a felony, the clerk must read it, and state the plea of the defendant to the jury ...”

At the trial of the instant case, after the first witness had concluded his testimony, counsel for the People inquired whether the reading of the information had been waived. Defense counsel thereupon expressly waived the reading of the information, and the People joined in the waiver. There was neither objection nor assignment of error. Particularly in view of appellant’s waiver of the reading of the information, this noncompliance with the order of procedure prescribed in section 1093 constitutes no ground for reversal. It was so held in

People

v.

Shack,

55 Cal.App.2d 16, 19 [130 P.2d 197]. (See also

People

v.

Sprague,

53 Cal. 491, 495.)

A summary of the evidence will suffice to demonstrate its sufficiency. On December 14, 1960, at approximately 11:15

[329]

p. m. Officers Pine and Parmer of the Los Angeles Police Department observed a 1947 Cadillac southbound on Main Street. The officers were in a black and white radio patrol car. The Cadillac had no rear plate illumination. The Cadillac stopped for a light at the intersection of Pico and Main and, when the light changed again, proceeded southbound on Main Street.