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PEOPLE v. VARGAS

Docket No. 1486.

36 Cal.App.3d 499 (1973)

111 Cal. Rptr. 745

THE PEOPLE, Plaintiff and Respondent, v. JOSE JESUS VARGAS, Defendant and Appellant.

Court of Appeals of California, Fifth District.

December 31, 1973.

Attorney(s) appearing for the Case

COUNSEL

Thomas J. Tusan, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., and Jack R. Winkler, Chief Assistant Attorneys General, William E. James, Assistant Attorney General, Willard F. Jones, Peter J. McBrien, Arnold O. Overoye and Eddie T. Keller, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROWN (G.A.), P.J.

Appellant was convicted by a jury of possession of heroin for purposes of sale in violation of Health and Safety Code section 11500.5 (count I), and possession of marijuana in violation of Health and Safety Code section 11530 (count II).

As grounds for reversal he urges failure to comply with Penal Code sections 844 and 1531 (knock and notice) prior to entry into his home to search pursuant to a...

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