People v. Scott

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

In an information filed in Los Angeles on June 24, 1965, defendant was charged with having possessed marijuana on May 13, 1965. It was further charged that defendant previously, in August 1957, had been convicted of a violation of [583]section 11500 of the Health and Safety Code and that in July 1964 he again had been charged and convicted of a violation of section 11530 of the Health and Safety Code and had served a term therefor in prison. Defendant pleaded not guilty and denied that he previously had been convicted as charged. It was stipulated on November 3,1965 :

“That the Court may read and consider the testimony taken at the time of the preliminary hearing in the matter, giving to it the same force and effect as if the witnesses there were here called, sworn, and testified under oath and in like fashion, and it is deemed they did so testify in like fashion; that all stipulations and agreements entered into at the time of the preliminary hearing be deemed to be reentered into for the purpose of this proceeding. All items of evidence entered into at the time of the preliminary hearing be deemed reentered into evidence at the time of this particular proceeding, same items of identification to bear the same numerical designation as they did bear at the time of the preliminary hearing. ’ ’

Defendant was asked particularly whether he understood the stipulation and whether he agreed to it. It was explained further that the witnesses who testified at the preliminary hearing probably would not be seen again, that there probably would be no further cross-examination of any witnesses. Defendant’s counsel stated to the court that he had explained to the defendant “what would happen here and I am sure that the defendant understands it, your Honor.” It was further stipulated that the court without a jury could determine the truth or falsity of the priors based upon all competent evidence to be submitted to him. The original files in the two charged prior cases were offered and received into evidence and it was stipulated that the person named in the two superior court files was the defendant. The marijuana cigarette also was admitted into evidence.

Defendant offered no evidence. On November 3, 1965, the defendant was found guilty as charged. Time was waived. Defendant’s counsel stated that defendant was in custody and the cause was “put over for probation and sentence” to November 24, 1965. On November 24, 1965, upon motion of defendant further proceedings were continued to December 8, 1965. On December 8, 1965, upon motion of defendant the probation hearing and sentence were continued to December 15,1965. On December 15, 1965, upon the motion of defendant the proceedings were continued to January 19, 1966; the