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PEOPLE v. RODGERS

Docket No. 25783.

54 Cal.App.3d 508 (1976)

126 Cal. Rptr. 719

THE PEOPLE, Plaintiff and Respondent, v. RICHARD GERALD RODGERS, Defendant and Appellant.

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

January 19, 1976.

Attorney(s) appearing for the Case

COUNSEL

Philip A. DeMassa for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Cynthia S. Waldman and Kent M. Bridwell, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KAUS, P.J.

Defendant Richard G. Rodgers and his brother, Joseph, were charged with conspiracy to possess heroin for sale (count I) and with possession for sale (count II). After a court trial, defendant was convicted on count II, possession for sale, and his brother was acquitted on both counts. Defendant was placed on probation.

At defendant's preliminary hearing, certain...

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