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PEOPLE v. ELLERS

Docket No. 8723.

108 Cal.App.3d 943 (1980)

166 Cal. Rptr. 888

THE PEOPLE, Plaintiff and Respondent, v. JOHN JORDING ELLERS, Defendant and Appellant.

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

August 4, 1980.

Attorney(s) appearing for the Case

COUNSEL

Appellate Defenders, Inc., under appointment by the Court of Appeal, Jeffrey K. Jayson and Stephen J. Perrello, Jr., for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Alan S. Meth and Rudolf Corona, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WIENER, J.

Defendant John Jording Ellers appeals the judgment following his jury conviction of sale of heroin (Health & Saf. Code, § 11352 (count one)) and being under the influence of heroin (Health & Saf. Code, § 11350 (count three)). For the reasons we discuss below, we affirm the judgment as to count one and reverse as to count three.1

Factual Background

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