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PEOPLE v. HOLLY

Docket No. 27600.

62 Cal.App.3d 797 (1976)

133 Cal. Rptr. 331

THE PEOPLE, Plaintiff and Appellant, v. JAMES ALFRED HOLLY, Defendant and Respondent.

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

October 13, 1976.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Barry R. Levy, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, John M. Moore, Chief Deputy Public Defender, Harold E. Shabo, Holley Graham and Martin Stein, Deputy Public Defenders, for Defendant and Respondent.

OPINION

LILLIE, Acting P.J.

By information defendant was charged in count I with possession for sale of heroin (§ 11351, Health & Saf. Code) and in count II with using and being under the influence of heroin (§ 11550, Health & Saf. Code). Evidence was taken at a joint hearing on a section 1538.5 motion and trial; the motion was denied. By stipulation the cause was submitted on this evidence. Motion for acquittal...

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