People v. Doherty

*27McCOMB, J.

I dissent. I would affirm the judgment for the reasons expressed by Justice Lillie in the opinion prepared by her for the Court of Appeal, which opinion reads, as follows:

A jury found defendant guilty of possession of marijuana (§ 11530, Health & Saf. Code) (count II); inasmuch as it was unable to reach a verdict on count I (possession of heroin [§ 11500, Health & Saf. Code]), the same was dismissed. While defendant’s notice of appeal states only that he “will appeal” his case, we construe the same to be a notice of appeal from the judgment based on the jury verdict.

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