PEOPLE v. DAVIS

Docket No. 12052.

263 Cal.App.2d 623 (1968)

69 Cal. Rptr. 849

THE PEOPLE, Plaintiff and Respondent, v. SYLVESTER A. DAVIS, Defendant and Appellant.

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

July 1, 1968.


Attorney(s) appearing for the Case

William Strong, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Bruce M. Perlman, Deputy Attorney General, for Plaintiff and Respondent.


LILLIE, J.

Defendant was charged with selling heroin (§ 11501, Health & Saf. Code), and five prior felony convictions — grand larceny, selling and distributing opium, obtaining money by false pretenses, robbery and forgery. The case was heard by the court sitting without a jury; defendant was found guilty of possession of heroin, a lesser and necessarily included offense; no finding was made on the first, second or third prior but the fourth and fifth...

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