People v. Spelio

Opinion

ROTH, P. J.

Christopher Spelio appeals from a judgment of conviction (order granting probation) of a violation of Health and Safety Code section 11530, possession of marijuana. A jury found appellant guilty and his codefendant not guilty. Motions made under Penal Code sections 995 and 1538.5, prior to trial, were denied.

On January 7, 1969, at about 12:30 a.m. Officer Clements stopped the automobile appellant was driving. One of the headlights was out. Appelland and Stanley Lauritsen, a passenger, got out of the car and met the officer half way between the vehicles.

Officer Clements asked…