Legal Opinion
People v. Encerti
California Court of Appeal
Decided April 20, 1982No. Crim. No. 23032PublishedCited by 1 opinion
1Opinion of the Court
Opinion
NEWSOM, J.
This is an appeal by the People from an order dismissing a charge of offering to sell heroin (Efealth & Saf. Code, § 11352; Pen. Code, § 1203.07) granted pursuant to Penal Code section 995.
Respondent was originally charged with five counts of sale of heroin (Health & Saf. Code, § 11352) and one count of offering to sell, but the latter charge and one sale count were dismissed by the magistrate after presentation of evidence at the preliminary examination. The prosecution thereafter realleged the offer to sell count VI in the information despite the magistrate’s ruling. (Pen.…
2Cases cited33 opinions
- Serrano v. PriestCalifornia Supreme Court · 1971
- County of Los Angeles v. FrisbieCalifornia Supreme Court · 1942
- People v. UhlemannCalifornia Supreme Court · 1973
- Landrum v. Superior CourtCalifornia Supreme Court · 1981
- Jones v. Superior CourtCalifornia Supreme Court · 1971
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3Cited by1 opinion
- People v. EncertiCalifornia Court of Appeal · 1982