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PEOPLE v. LIPINSKI

Docket No. 15187.

65 Cal.App.3d 566 (1976)

135 Cal. Rptr. 451

THE PEOPLE, Plaintiff and Respondent, v. GERALD JOHN LIPINSKI, Defendant and Appellant.

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

December 20, 1976.

Attorney(s) appearing for the Case

COUNSEL

Michael H. Metzger. Ivan S. Fisher and Stephen Heiser for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William D. Stein and Herbert F. Wilkinson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BRAY, J.*

Defendant and appellant John Lipinski appeals from judgment, after jury trial, of the San Francisco Superior Court, convicting him of violation of section 182 of the Penal Code and section 11912 of the Health and Safety Code (conspiracy to sell LSD, a restricted dangerous drug).

ISSUES PRESENTED

1) The refiling of the conspiracy charge after its dismissal at the preliminary...

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