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PEOPLE v. GARCIA

Docket No. 17419.

13 Cal.App.3d 486 (1970)

91 Cal. Rptr. 671

THE PEOPLE, Plaintiff and Respondent, v. RUDY GARCIA, Defendant and Appellant.

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

December 15, 1970.

Attorney(s) appearing for the Case

COUNSEL

Michael R. Palley, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Barbara T. King, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

DUNN, J.

Following a nonjury trial, appellant was found guilty of count I: possession of heroin, a narcotic, in violation of Health and Safety Code, section 11500, and count II: driving a vehicle on a highway while under the influence of, or addicted to the use of, a narcotic, in violation of Vehicle Code, section 23105 — both felonies. Two prior nonnarcotic felony convictions were charged. The court granted appellant...

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