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PEOPLE v. BERUTKO

Docket No. Crim. 12695.

71 Cal.2d 84 (1969)

453 P.2d 721

77 Cal. Rptr. 217

THE PEOPLE, Plaintiff and Respondent, v. FRED LEON BERUTKO, Defendant and Appellant.

Supreme Court of California. In Bank.

May 7, 1969.

Attorney(s) appearing for the Case

Fred Leon Berutko, in pro. per., Frederic G. Marks, under appointment by the Supreme Court, Robert P. Mandler, under appointment by the Court of Appeal, and Wellman, Contarino & Mandler for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Brian Amer, Deputy Attorney General, for Plaintiff and Respondent.

SULLIVAN, J.

Defendant Fred Leon Berutko was charged by information with one count of possession of heroin (Health & Saf. Code, § 11500) and one count of possession of heroin for sale (Health & Saf. Code, § 11500.5). The information also charged one prior conviction for possession of heroin. He entered a plea of not guilty to the charged offenses and denied the prior conviction. Trial by jury was waived and the cause was submitted on the transcript...

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