People v. Taylor

HUFSTEDLER, J.

Defendant appeals from an order granting him probation after he was found guilty by the court, sitting without a jury, of violating section 11530 of the Health and Safety Code (possession of marijuana), and from the order denying his motion for a new trial. Two prior felony convictions, one for forgery and the other for petty theft with a prior, were found true. Defendant’s codefendant, Mayfield, was acquitted.

Summary of the Evidence

On March 17, 1966, between 3:30 and 4p.m., defendant’s parole officer, Robert Winlock, accompanied by State Parole

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Officer Eugene L. Arnold, went to the defendant’s apartment. Mr. Winloek knocked on the door. The door "must have been ajar” and it swung open. The parole officers could see Mr. Mayfield standing in between the kitchen and a living-room-bedroom combination. Mr. Winloek greeted Mayfield, saying, ‘

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Hi, is Robert Taylor here ? ’ ’ Mr. Mayfield said that he 'was not. The two parole agents, without any further conversation, proceeded into the apartment and told Mr. Mayfield that they would wait for Mr. Taylor’s arrival. When the parole officers were in the apartment, Agent Arnold saw a package of zigzag papers on the dresser and another package of the same type of papers on a small table near the bed. The two parole agents conducted a thorough search of the apartment and eventually discovered a white envelope containing marijuana concealed within the zippered covers of a decorative pillow on the bed.

After the contraband had been found, Mr. Arnold left the apartment to notify the police. Upon Arnold’s return, the defendant was in the apartment. The police officers arrived about a half hour after Arnold’s return to the apartment. Arnold turned the contraband over to the police officers.

Officer Wanek, one of the police officers who responded to Arnold’s telephone call, placed Mr. Mayfield and Mr. Taylor under arrest. At that time both Mr. Mayfield and Mr. Taylor were given warnings adequate to comply with the

Dorado