People v. Slade

BROWN (Gerald), P. J.

Lionel Arthur Slade and Vannoy Leo Black, convicted of possessing marijuana (Health & Saf. Code, § 11530), appeal from probation orders deemed final judgments (Pen. Code, § 1237).

At 4:55a.m., April 15, 1967, San Diego Police Officer Jacobson very slowly drove his police vehicle on Main Street watching a slowly moving, erratically driven 1955 Chevrolet traveling behind him; slowed down; saw the Chevrolet remaining behind, similarly slowly; pulled to a curb; let the Chevrolet with four occupants pass; started to pursue. Immediately the Chevrolet pulled to a curb and stopped. Jacobson then stopped, turning on his red light to keep the four occu: pants stationary while awaiting cover. Two men, Slade and driver Black, stepped out and came to the rear of the Chevrolet asking for directions to 39th Street. Jacobson asked for and examined their identification. Black owned the Chevrolet. Officer Boyette arrived; asked Black if there was anything "in the vehicle he would not want seen; heard Black’s negative answer; asked “Do you have any objection if I search your vehicle ? ”; was told by Black ‘ ‘ Go ahead. ” ■

Pushing the upper half of the right front seat forward to get into the rear seat, Boyette observed a marijuana cigarette on the exposed recessed front seat. The officers found 13 marijuana cigarettes hidden behind the dashboard. Both Slade’s and Black’s pockets contained marijuana debris.

Contrary to their first contention, the marijuana cigarettes found in Black’s vehicle, Black’s erratic driving, Black’s and Slade’s quick exiting from the Chevrolet, asking a diversionary direction question, and the marijuana debris in their clothing at the time sufficiently support the finding they controlled and maintained dominion over marijuana knowing, of its presence and narcotic character

(People

v. Waller, 260 Cal.App.2d 131, 142 [67 Cal.Rptr. 8];

People

v.

One 1940

[190]

Chrysler,

77 Cal.App.2d 306, 314 [175 P.2d 585];

People