PEOPLE v. FITZPATRICK

Docket No. 7979.

3 Cal.App.3d 824 (1970)

84 Cal. Rptr. 78

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH W. FITZPATRICK, JR., Defendant and Appellant.

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

January 23, 1970.


Attorney(s) appearing for the Case

COUNSEL

Garry, Dreyfus, McTernan & Brotsky and Donald L.A. Kerson for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Robert R. Granucci and James A. Aiello, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

DRAPER, P.J.

In a case submitted to the trial judge upon the transcript of the preliminary examination, defendant was convicted of possession of marijuana (Health & Saf. Code, § 11530). He had moved to suppress the marijuana as evidence (Pen. Code § 1538.5). That motion was denied. The court declared the offense to be a misdemeanor, and admitted defendant to probation for three years on condition that he pay...

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