People v. Berti

Convicted after a non jury trial of possession of marijuana in violation of section 11500, Health and Safety Code, defendant was granted probation and further proceedings were suspended. Defendant appeals from the judgment (pursuant to Pen. Code, § 1237, subd. 1) and from an order denying his motion for new trial. The eodefendant, Berti, was acquitted.

Counsel argues that the conviction rests only upon surmise and assumption and hence the evidence is insufficient to support the finding of guilt. “The test on appeal is whether there is substantial evidence to support the conclusion of the trier…