People v. Fuller

WOOD, P. J.

On March 29, 1960, in superior court, case No. 223042, the defendant was convicted, in a nonjury trial, of unlawfully possessing marijuana. Also it was found that an allegation of prior conviction (on March 10, 1959) of unlawfully possessing marijuana, a felony, is true. Defendant was sentenced to imprisonment in the state prison, and it was ordered that the sentence run concurrently with the sentence in superior court case No. 210767 (hereinafter referred to—sentence after revocation of probation). Defendant appeals from the judgment of conviction.

On March 10, 1959, in superior court case No. 210767, the defendant pleaded guilty to a charge of unlawfully possessing marijuana. Proceedings were suspended and probation for three years was granted upon the condition, among others, that he not use or possess any narcotics. On March 29, 1960, the court found that defendant had violated conditions of probation. Probation was revoked and defendant was sentenced to imprisonment in the state prison. Defendant also appeals from that judgment.

Appellant contends in effect that the evidence is insufficient to support the judgments, and that he was not properly represented by the public defender.

Officer Nicholson, a state traffic officer, testified as follows: On December 10, 1959, he saw an automobile traveling south in a northbound traffic lane on Wilmington Avenue in Compton. He stopped the automobile and observed that three persons were in it. The driver was Freddie Freeman, and the other occupants were Albert Griffin and the defendant Fuller. While the officer was talking to Griffin and defendant, they kept asking him about an address, and they appeared to be in an excited state. They said they had been drinking. The officer searched or “patted down” the defendant “outside of the clothing” for weapons but did not reach inside defendant’s pockets. While the right front door of the automobile was open and the three persons were outside the automobile, the officer saw a small package on the floor in the

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right front part of the automobile. The package was wrapped in newspaper and there was a torn place in the top of the package. Through that torn place the officer saw a substance which appeared to be marijuana. The officer did not take the package but he kept it under observation until police officers of the city of Compton arrived and took the package from the automobile. The three arrested persons were taken into custody by police officers of Compton.