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PEOPLE v. SIDENER

Docket No. Crim. 7014.

58 Cal.2d 645 (1962)

375 P.2d 641

25 Cal. Rptr. 697

THE PEOPLE, Plaintiff and Respondent, v. ROBERT KARL SIDENER, Defendant and Appellant.

Supreme Court of California. In Bank.

October 25, 1962.

Attorney(s) appearing for the Case

Ellery E. Cuff, Public Defender, Fred Kilbride and James L. McCormick, Deputy Public Defenders, for Defendant and Appellant.

Stanley Mosk, Attorney General, and Norman H. Sokolow, Deputy Attorney General, for Plaintiff and Respondent.

TRAYNOR, J.

Defendant appeals from a judgment of conviction on an information charging him with possession of a narcotic (heroin) in violation of Health and Safety Code section 11500. The trial court also found to be true the charge that defendant had been convicted of violating the same section in 1955. [1a] At the hearing on probation and sentencing the trial judge refused to consider dismissal of the charge of prior conviction on the ground that the...

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