People v. Upshaw

Opinion

MOSK, J.

The Attorney General appeals from an order dismissing a prosecution for the sale of heroin (former Health & Saf. Code, § 11501; now § 11352) on the ground the defendant had been once in jeopardy. (Cal. Const., art. I, § 15; Pen. Code, § 1016, subd. 5.) He contends the court properly accepted defendant’s voluntary and intelligent waiver of a jury trial despite defense counsel’s objection to the waiver and despite the requirement of article I, section 16, of the California Constitution that defense counsel agree to such a waiver. He also argues that certain statements by defense…