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PEOPLE v. VALLES

Docket No. Crim. 20498.

24 Cal.3d 121 (1979)

593 P.2d 240

154 Cal. Rptr. 543

THE PEOPLE, Plaintiff and Respondent, v. HUMBERTO N. VALLES, Defendant and Appellant.

Supreme Court of California.

April 24, 1979.

Attorney(s) appearing for the Case

COUNSEL

Appellate Defenders, Inc., under appointment by the Court of Appeal, Jeffrey K. Jayson and Barry D. Utsinger for Defendant and Appellant.

Quin Denvir, State Public Defender, Gary S. Goodpaster, Chief Assistant State Public Defender, and Richard E. Shapiro, Deputy State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Michael D. Wellington, Karl J. Phaler and Jesus Rodriguez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CLARK, J.

Defendant appeals from judgment of conviction for unlawful possession of heroin. (Health & Saf. Code, § 11350.) We affirm.

At close of trial, the jury having been instructed, the following colloquy occurred concerning status of the alternate juror:

"[THE COURT:] Now, gentlemen, could we — would you be willing to stipulate that the alternate...

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