PEOPLE v. COOK

Docket No. G005838.

209 Cal.App.3d 404 (1989)

257 Cal. Rptr. 226

THE PEOPLE, Plaintiff, v. RICHARD M. COOK, Defendant and Respondent; CECIL HICKS, as District Attorney, etc., Objector and Appellant; THE SUPERIOR COURT OF ORANGE COUNTY, Respondent.

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

April 5, 1989.


Attorney(s) appearing for the Case

COUNSEL

Werve & Stafford and Albert P. Ballog, Jr., for Objector and Appellant.

Edwin L. Miller, Jr., District Attorney (San Diego), Peter C. Lehman, Kerry Wells Hamor, Deputy District Attorneys, Wilbur F. Littlefield, Public Defender (Los Angeles), Laurence M. Sarnoff and Albert J. Menaster, Deputy Public Defenders, as Amici Curiae on behalf of Objector and Appellant.

A. William Bartz, Jr., for Defendant and Respondent.

No appearance for Respondent Superior Court.

Rutan & Tucker and Philip D. Kohn as Amici Curiae on behalf of Respondent Superior Court.


OPINION

WALLIN, J.

The Orange County District Attorney prosecuted Richard Cook and a codefendant for joint possession of 2.29 grams of cocaine (Health and Saf. Code, § 11350) and possession of the same cocaine for sale (Health & Saf. Code, § 11351). Although early in the proceedings a prosecutor admitted the possession for sale count was weak, he and his successors repeatedly...

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