People v. Garcia

Opinion

DUNN, J.

Following a nonjury trial, appellant was found guilty of count I: possession of heroin, a narcotic, in violation of Health and Safety Code, section 11500, and count II: driving a vehicle on a highway while under the influence- of, or addicted to the use of, a narcotic, in violation of Vehicle Code, section 23105—both felonies. Two prior nonnarcotic felony convictions were charged. The court granted appellant a new trial as to count II and adjourned further criminal proceedings on count I in order that a hearing could be held in another department of the superior court, under…