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PEOPLE v. NEWELL

Docket No. 13416.

272 Cal.App.2d 638 (1969)

77 Cal. Rptr. 771

THE PEOPLE, Plaintiff and Respondent, v. JAMES ROBERT NEWELL, Defendant and Appellant.

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

May 8, 1969.

Attorney(s) appearing for the Case

Edward I. Gritz for Defendant and Appellant.

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

HERNDON, J.

Defendant appeals from the judgment entered following a nonjury trial that resulted in his conviction of the crimes of possessing heroin (Health & Saf. Code, § 11500), and possessing heroin for purposes of sale (Health & Saf. Code, § 11500.5). The trial court recognized that since only one act of possession was involved, the violation of section 11500 constituted a lesser offense necessarily...

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