People v. Demery

Opinion

JEFFERSON (Bernard), J. *

By consolidated information, defendant, a doctor, was charged in 35 counts with the offenses of prescribing a controlled substance not in his regular practice, all in violation of Health and Safety Code section 11154. Nine of the counts were charged as felonies, and the remaining counts were charged as misdemeanors. Defendant entered pleas of not guilty.

Defendant’s motion to set aside the information, made pursuant to section 995 of the Penal Code, was denied. Defendant’s motion for a judgment of acquittal, made pursuant to section 1118.1 of the Penal Code, was…