People v. Silva

Defendant Charles G. Silva and his brother-in-law Richard 0. Heredia, were jointly charged with possession of marijuana, violation of section 11500 Health and Safety Code. Silva was also charged with a previous conviction and service of sentence for violation of the same section. He pleaded not guilty but admitted the previous conviction. Before Silva’s trial Heredia had pleaded guilty and been sentenced. By stipulation Silva was tried without a jury and was convicted. The judge of his own motion ordered the admission of the prior conviction set aside and the prior conviction stricken1; then…