Roschelle v. Superior Court CA6
Petitioner Todd Roschelle was charged by information filed October 6, 2017 with two counts of violating former Health and Safety Code section 11360, subdivision (a) (unlawful transportation for sale of marijuana). Count 1 was alleged to have been committed on or about September 12, 2016; count 2 was alleged to have been committed on or about September 1, 2016 to September 20, 2017.
At the preceding preliminary hearing, the magistrate had allowed the People’s principal witness, Postal Inspector Jamon Parham, to testify to hearsay over defense objection under Penal Code section 872, which states the qualifications that an officer must have to testify to hearsay at a preliminary hearing. The magistrate also denied petitioner’s motion to quash and traverse a warrant and suppress evidence, which was heard in conjunction with the preliminary hearing, and held him to answer.
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