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PEOPLE v. ZAPATA

Docket No. 3447.

220 Cal.App.2d 903 (1963)

34 Cal. Rptr. 171

THE PEOPLE, Plaintiff and Respondent, v. ERNIE ZAPATA, Defendant and Appellant.

Court of Appeals of California, Third District.

October 7, 1963.

Attorney(s) appearing for the Case

S. Carter McMorris, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Roger E. Venturi, Deputy Attorney General, for Plaintiff and Respondent.

FRIEDMAN, J.

Defendant Zapata was charged with possessing heroin, in violation of Health and Safety Code section 11500.1 Convicted after a nonjury trial, he appeals. [1] Relying on Robinson v. California, 370 U.S. 660 [82 S.Ct. 141, 8 L.Ed 2d 758], he asserts that section 11500 is unconstitutionally applied here.

The Robinson case, decided in June 1962, held that...

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