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PEOPLE v. MONTOYA

Docket No. 10050.

235 Cal.App.2d 789 (1965)

45 Cal. Rptr. 572

THE PEOPLE, Plaintiff and Respondent, v. FRED RUIZ MONTOYA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

July 19, 1965.

Attorney(s) appearing for the Case

John P. Kightlinger, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Wiliam E. James, Assistant Attorney General, and David S. Sperber, Deputy Attorney General, for Plaintiff and Respondent.

KAUS, J.

Defendant's conviction of violating Health and Safety Code, sections 11530 (possession of marijuana) and 11530.5 (possession of marijuana for sale) must be reversed for procedural error in the light of People v. Krough, 232 Cal.App.2d 150 [42 Cal.Rptr. 614]. That opinion was not published until after defendant's brief was filed in this court. The Attorney General...

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