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PEOPLE v. McCUISTON

Docket Nos. 5466, 5528.

246 Cal.App.2d 799 (1966)

55 Cal. Rptr. 482

THE PEOPLE, Plaintiff and Respondent, v. MONTIE RAY McCUISTON, Defendant and Appellant. THE PEOPLE, Plaintiff and Appellant, v. MONTIE RAY McCUISTON, Defendant and Respondent. (Consolidated Cases.)

Court of Appeals of California, First District, Division One.

December 5, 1966.

Attorney(s) appearing for the Case

Edwin R. Baltimore, under appointment by the Court of Appeal, for Defendant and Appellant in No. 5466.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, John T. Murphy, William D. Stein and Louise H. Renne, Deputy Attorneys General, for Plaintiff and Respondent in No. 5466 and Plaintiff and Appellant in No. 5528.

R. Donald Chapman, Public Defender, for Defendant and Respondent in No. 5528.

MOLINARI, J.

On this appeal two cases involving Montie Ray McCuiston have been consolidated. One (1 Crim. 5466) is an appeal by defendant from a judgment of conviction for sale of narcotics (violation of Health & Saf. Code, § 11501). The other (1 Crim. 5528) is an appeal by the People from a postjudgment order of the trial court modifying the judgment of conviction for possession of heroin (violation of Health...

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