People v. Wade

SHINN, P. J.

Donald Tyler Wade appealed, in propria persona, from a judgment of conviction in a jury trial of violating section 11501 of the Health and Safety Code in that on or about September 8, 1960, he did unlawfully and feloniously sell, furnish, and give away a narcotic, to wit, heroin. He was charged with a prior narcotic conviction, a misdemeanor, which he admitted. Subsequent to the filing of appellant’s and respondent’s briefs, counsel for appellant was appointed and supplemental briefs were thereupon filed.

Defendant first assigns error in the court’s failure to dismiss the action, pursuant to Penal Code section 1382, upon the ground that he was not brought to trial within 60 days after the filing of the information.

The information was filed March 7,1961; on March 10, when defendant was represented by the public defender, the date for trial was set for May 8, 1961, a lapse of 62 days. No objection was registered to that order.

On May 8, 1961, on motion of the defendant, the public defender was relieved, defendant was substituted in propria persona and his motion for continuance was denied. The action was not subject to dismissal. When the trial date was set, defendant was represented by counsel and since no objection to the 2-day extension of the period was then made by defendant or his counsel, defendant thereby consented to the date set for trial and waived his rights under Penal Code section 1382. (See

People

v.

Anderson,

126 Cal.App.2d 702 [272 P.2d

805]; People

v.

Akers,

143 Cal.App.2d 224 [299 P.2d 398].)

Defendant next contends that the evidence was insufficient to support the verdict in that the People’s evidence was contradictory and therefore incredible and that the testimony of an accomplice was not corroborated. The People’s evidence consisted of the testimony of Harry Bdward MeKeehan, a forensic chemist at the Los Angeles County Sheriff’s crime laboratory, who testified that the capsules in question contained heroin; Allen Jerace, Deputy Sheriff, assigned to the Narcotic Detail; and Edmund D. Tromanhauser, who volunteered information and assistance to thr sheriff’s depart