People v. Doerr
| Decision Date | 24 September 1968 |
| Docket Number | Cr. 2989 |
| Court | California Court of Appeals Court of Appeals |
| Parties | The PEOPLE of the State of California, Plaintiff and Respondent, v. David Michael DOERR, Defendant and Appellant. |
David Michael Doerr, convicted after jury trial of possessing marijuana (Health & Saf.Code, § 11530), appeals from a probation order deemed a final judgment (Pen.Code, § 1237).
On June 27, 1967, Doerr and two minor companions were traveling in Doerr's car on Highway 80 in eastern San Diego County when Deputy Sheriff Ravensteyn stopped them because the car's rear license plate had no 1967 registration sticker on it. Doerr met the deputy between the two cars; exhibited his operator's license; explained the car had not been registered that year; said he bought the car from a Mr. Pastiorelli, had an endorsed pink slip and had already been cited for failing to register it. Doerr and the officer walked to Doerr's car. While Doerr got the pink slip the officer saw the two young passengers inside and a case of beer under a pile of things in back. The officer confirmed the fact the passengers were minors. Doerr asked directions to a good camping spot.
Discussing Doerr's possessing beer, the officer asked if any open containers were in the car. Doerr said no and invited the officer to search the vehicle. The officer declined.
Because the appearance date had passed on Doerr's nonregistration citation, the officer radioed to learn if there was a warrant for Doerr's arrest.
When asked if he had any weapons, open containers or narcotics in his car, Doerr again invited the officer to search the vehicle, saying he had a gun. The officer testified 'There was no question but that he gave a definite and positive agreement' to search the car.
Doerr opened the truck and pulled out a .22 caliber rifle. Searching the car, the officer found some white pills wrapped in a paper towel. A passenger said they were Vitamin C pills. The officer radioed the pills' description to the sheriff's business office for a check in the pharmacology book.
Continuing to search for an open container, narcotics or pills, the officer found two marijuana cigarettes in a jacket pocket. The officer asked whose jacket it was and received no response; he advised the three of their Miranda rights, arrested and patted them down, finding a 'roach clip' (a marijuana smoking device) on one of the passengers.
The three suspects were taken in the sheriff's vehicle to the Bostonia substation. A container with 15 grams of marijuana was found stuffed under the rear seat of the sheriff's vehicle at a spot between where Doerr and one of his companions had been seated. Marijuana debris was found in Doerr's pockets. Doerr admitted he had tried smoking marijuana about a month and a half before his arrest.
The marijuana cigarettes found in Doerr's car, the attempt to hide more marijuana in the sheriff's vehicle, Doerr's leaving his vehicle when stopped, asking a diversionary direction question, together with the marijuana debris in his clothing and admitted use of marijuana, support the finding Doerr controlled and maintained dominion over marijuana knowing of its presence and narcotic character (People v. Slade, 264 A.C.A. 227--228, 70 Cal.Rptr. 321; People v. Waller, 260 A.C.A. 139, 150, 67 Cal.Rptr. 8; People v. One 1940 Chrysler, 77 Cal.App.2d 306, 314, 175 P.2d 585; People v. Gory, 28 Cal.2d 450, 170 P.2d 433; People v. Redrick, 55 Cal.2d 282, 10 Cal.Rptr. 823, 359 P.2d 255; People v. Jones, 255 A.C.A. 195, 203, 62 Cal.Rptr. 848; People v. Griffin, 250 Cal.App.2d 545, 552, 58 Cal.Rptr. 707).
The officer properly stopped, detained and investigated Doerr because of the car's faulty registration (People v. Mickelson, 59 Cal.2d 448, 30 Cal.Rptr. 18, 380 P.2d 658; People v. Slade, supra, 264 A.C.A. 227--228, 70 Cal.Rptr. 321). Doerr...
To continue reading
Request your trial
-
People v. Pranke
...difficult semantically or logically to characterize such Sua sponte conduct as 'compelled.' As aptly observed in People v. Doerr, 266 Cal.App.2d 36, 39, 71 Cal.Rptr. 889, 891: 'Doerr (the defendant therein) volunteered his consent to a search of his car without the officer having asked for ......
-
People v. Wheeler
...difficult semantically or logically to characterize such Sua sponte conduct as 'compelled.' As aptly observed in People v. Doerr, 266 Cal.App.2d 36, 39, 71 Cal.Rptr. 889, 891: 'Doerr (the defendant therein) volunteered his consent to a search of his car without the officer having asked for ......
-
People v. Valerio
... ... Groom, Supra, 60 Cal.2d 694, 696--697, 36 Cal.Rptr. 327, 388 P.2d 359), and convictions have been upheld on circumstantial evidence similar to that existing at the close of the prosecution's case. (Cf. People v. Doerr, 266 Cal.App.2d 36, 71 Cal.Rptr. 889; People v. Slade, 264 Cal.App.2d 188, 70 Cal.Rptr. 321.) ... Uncorroborated Accomplice Testimony ... From the foregoing discussion it is obvious that defendant's contention that his conviction rests entirely on the uncorroborated testimony of an ... ...
-
People v. Bennett
...followed by a tardy claim of error is not permitted. (People v. Tappan, 266 Cal.App.2d 812, 817, 72 Cal.Rptr. 585; People v. Doerr, 266 Cal.App.2d 36, 40, 71 Cal.Rptr. 889.) We have considered the application to this issue of the recent case of People v. Bennett (not the defendant in the pr......
-
Table of cases
...286 Cal. Rptr. 3d 204, §11:10 Doe v. Yim (2020) 55 Cal. App. 5th 573, 269 Cal. Rptr. 3d 613, §§6:170, 20:80 Doerr, People v. (1968) 266 Cal. App. 2d 36, 71 Cal. Rptr. 889, §5:80 Doggett, People v. (1948) 83 Cal. App.2d 405, 188 P.2d 792, §13:30 Do It Urself Moving & Storage, Inc. v. Brown, ......
-
Opening statement
...was entitled to state the theory of the case and prepare the minds of the jury to follow the evidence. People v. Doerr (1968) 266 Cal. App. 2d 36, 71 Cal. Rptr. 889. The prosecutor told the jury that he would produce sufficient evidence for a conviction and would ask the jury for a guilty v......