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PEOPLE v. GARRINGER

Docket No. 25803.

48 Cal.App.3d 827 (1975)

121 Cal. Rptr. 922

THE PEOPLE, Plaintiff and Respondent, v. DONALD RAY GARRINGER, Defendant and Appellant.

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

June 4, 1975.

Attorney(s) appearing for the Case

COUNSEL

Allan M. Rosenthal, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Shunji Asari, William R. Weisman and Frederick R. Millar, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HASTINGS, J.

Defendant was charged by information with possession for sale of secobarbital in violation of section 11378 of the Health and Safety Code. He pleaded not guilty. Jury trial commenced. Part way through the case-in-chief the court granted the People's motion to dismiss the information insofar as it charged possession for sale of a controlled substance, retaining the...

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