PEOPLE v. WETZEL

Docket No. Crim. 16914.

11 Cal.3d 104 (1974)

520 P.2d 416

113 Cal. Rptr. 32

THE PEOPLE, Plaintiff and Respondent, v. SHERRIE JEAN WETZEL, Defendant and Appellant.

Supreme Court of California. In Bank.

April 4, 1974.


Attorney(s) appearing for the Case

COUNSEL

Richard H. Levin, under appointment by the Supreme Court, and Kathleen J. Kirkland, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Norman H. Sokolow, Frederick R. Millar, Jr., and Beverly K. Falk, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

WRIGHT, C.J.

(1a) Defendant appeals from a judgment (order granting probation) entered upon a plea of guilty of possession of seconal, a restricted dangerous drug. (Health & Saf. Code, § 11910.) She contends that she was unlawfully arrested for obstructing an officer in the performance of his duties (Pen. Code, § 148) when she passively asserted a constitutional right, and that contraband discovered...

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