People v. Stephenson

KINGSLEY. J.

Defendant was charged with a violation of section 11531 of the Health and Safety Code (transporting marijuana). Defendant was also charged with prior convictions for violations of section 11500 of the Health and Safety Code, section 211 of the Penal Code and section 11530.5 of the Health and Safety Code. A public defender was appointed. Defendant denied the prior convictions and pled not guilty.

Defendant, personally, and all counsel waived jury trial. The cause was submitted on the testimony in the preliminary hearing. Defendant was found guilty, a motion for new trial was denied, and the offense was reduced to a violation of section 11530 of the Health and Safety Code, a lesser and included offense.

At about 9 p.m., on July 13, 1967, David R. Daniel, a Los Angeles police officer, received from the analytical officer of the 77th Division a sheet containing descriptions of eight or nine vehicles used in specific crimes in that division during the past week. A ’55 or ’56 green and white Buiek, with a general description of one male Negro, was listed in connection with a robbery.

Officer Daniel observed a ’55 or ’56 green and white Buiek, license PYY 263 on Imperial Highway at about 10:30 or 10:45 p.m., in the evening of July 13. The Buiek went to a drive-in and the passenger got out. He went to the service area and returned later with nothing in his hand. The vehicle left and then the officer stopped the car. Two Negroes were in the car. Defendant, the driver, had no license or identification, and he said the car belonged to his wife. Officer Daniel asked if the vehicle registration was in the ear, and defendant said

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“yes.” The registration appeared to be on the steering column but the officer could not read it because it was turned downward. Officer Daniel opened the door, bent down to retrieve the registration and noticed a three-inch folded newspaper or bin die on the driver’s side. The officer had never seen papers wrapped in that manner for any purpose other than to contain marijuana. The officer shone his flashlight on the bindle and saw small green leafy particles appearing to be marijuana. Defendant was then placed under arrest for possession of marijuana. A forensic chemist testified that the bindle contained marijuana.