Introducing ATLASLearn more
Legal Opinion

People v. Serna

California Court of Appeal

Decided January 20, 1975No. Crim. 25153PublishedCited by 15 opinions

1Opinion of the Court

Opinion

FLEMING, J.

Jose Tapia and Tomas Rico Serna pleaded guilty to sale of heroin. (Health & Saf. Code, § 11352.) They appeal the judgments, contending their sentences (imprisonment for five years to life with ineligibility for parole for three years) constitute cruel or unusual punishment within the meaning of the California Constitution, article I, section 6.

The preliminary hearing disclosed that on 13 March 1973, police informant Martinez, who had purchased heroin at Tapia’s house five or six times before, telephoned Tapia to see if he could come over. Tapia told him to come alone. When…

2Cases cited6 opinions

  1. Powell v. TexasSupreme Court of the United States · 1968
  2. In Re LynchCalifornia Supreme Court · 1972
  3. In Re FossCalifornia Supreme Court · 1974
  4. People v. MalloyCalifornia Court of Appeal · 1974
  5. In Re JonesCalifornia Court of Appeal · 1973

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. People v. MacIasCalifornia Court of Appeal · 1982
  2. People v. CarbonieCalifornia Court of Appeal · 1975
  3. Bosco v. Justice CourtCalifornia Court of Appeal · 1978
  4. In Re GrantCalifornia Supreme Court · 1976
  5. People v. WatersCalifornia Court of Appeal · 1975

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API