People v. Fisher

Opinion

THE COURT. — Defendant and a codefendant, Thomas King,1 were charged in count I of the information with possession of benzedrine and in count IT with possession of seconal, both in violation of section 11910 of the Health and Safety Code. Defendant pleaded not guilty and waived her rights to a jury trial and to confront and cross-examine the witnesses who had testified at the preliminary hearing. The cause was partially submitted on the preliminary hearing transcript, with all parties introducing additional evidence. The court found both defendant and King guilty on each count. Defendant was sentenced to one year in county jail. Sentence was suspended and defendant was placed on three years’ summary probation, subject to payment of a $250 fine. The appeal is properly from the judgment and order granting probation.

At about 3:15 a.m., March 28, 1971, Deputy Brown of the Los Angeles Sheriff’s Department observed a vehicle traveling on the freeway at 40 miles per hour in a 65 mile-per-hour zone. The vehicle was weaving between the dotted lines of the number 3 lane, although it did not cross over those lines. Traffic was moderately heavy at the time. Brown signaled the vehicle to pull over. The car continued to drive for a half mile. Brown activated his spotlight and illuminated the vehicle ahead of him. He saw numerous people and a lot of movement inside the vehicle. It moved to the shoulder of the road and continued traveling another three-fourths of a mile before it finally stopped.

About 100 yards before the car stopped, Brown observed two- arms extended out the right rear window of the car. One arm was clad, in a suede type fabric; the other arm was bare. Two objects were thrown from the car at that moment, one from each of the extended hands. One of the objects appeared reddish in color. Brown could not recall if the suede-clad arm dropped the reddish colored object. Brown’s vehicle was about 5 feet behind the subject vehicle at the time the objects were thrown. He had no difficulty observing the throwing motion.

[931]Brown approached the vehicle after it stopped and observed a total of five persons in it. The driver, Mr. Leong, and a Miss Sterling were in the front seat. A Mr. Bonne was in the left rear seat, defendant was- in the center of the rear seat, and King was in the right rear seat. Bonne was wearing some type of fur coat; defendant was wearing a suede coat; King was wearing a suede vest and his arms were bare.