People v. Patton

FOURT, J,

This is an appeal from a judgment of conviction of possessing marijuana.

In an information filed in Los Angeles on August 21, 1967, defendant was charged with having possessed marijuana on July 28, 1967, in violation of the provisions of section 11530 Health and Safety Code. Defendant pleaded not guilty. By stipulation the cause was submitted upon the testimony in the transcript of the proceedings had at the preliminary hearing and other evidence received at the time of trial. Defendant was found guilty as charged and in part due to his record, was sentenced to the state prison, with a minimum term as prescribed in section 1202b, Penal Code. A timely notice of appeal was filed.

. A résumé of some of the facts is as follows: while Deputy Sheriffs Ravenscroft and Palmer were on patrol at about 11:45 p.m. of July 28, 1967, they observed an automobile which appeared as being operated in violation of section 24008 of, the Vehicle Code (front part of car frame lower to the ground than the lowest part of the front wheel rims of the automobile). Ravenscroft, who was driving the sheriff’s car, turned behind the suspected car in order to stop the same for the' suspected violation. The red light and spotlight of the officer’s car were turned on thereby lighting the interior of the suspected car. Before the suspected ear came to a stop, defendant, who was sitting in the front seat on the passenger’s side, was seen to place something in his mouth. The suspected car stopped and the driver thereof and defendant got out of the same and started toward the officer’s car. Ravenscroft and Palmer got out of their car and approached defendant and his driver. The officers noticed that defendant had something in his hand and inquired of him what it was. Defendant did not answer the question but placed the object

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in Ms mouth. Ravenseroft, who had studied narcotics control extensively and who had made about a thousand arrests for violations of marijuana laws, recognized the object in defendant’s mouth as a marijuana cigarette. Ravenseroft advised defendant that he was under arrest and instructed him to spit out the cigarette. Defendant refused and Palmer handcuffed defendant and Ravenseroft made an attempt to retrieve the marijuana cigarette. Ravenseroft was unsuccessful; however, he saw the cigarette come apart in defendant's mouth and saw the greenish-brown leafy substance and the seeds, the debris on defendant’s tongue and some of the brown paper stuck to defendant’s teeth. A search of the car in which defendant was riding was made and a container holding a usable quantity of marijuana was located just under the seat where defendant had been riding. Burned marijuana seeds, unburned seeds and a piece of burned wheat straw paper were located in the car. Defendant was placed in the police ear and advised of his constitutional rights. Defendant offered no defense.