People v. Jalifi

KAUFMAN, J.

Appellant, Alfred Jalifi, appeals from a judgment of conviction after jury trial on a charge of viola

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tion of section 11500 of the Health and Safety Code. The information also alleged a prior felony conviction for violation' of the aforesaid section. When arraigned on January 14, 1955, appellant pleaded “not guilty” to the charge and admitted the prior conviction.

John Santiago was an operative employed by the State Bureau of Narcotic Enforcement for the purpose of making narcotic purchases from suspected peddlers in the San Jose area. On the evening of December 7, 1954, Santiago contacted appellant, Jalifi, whom he knew of by the name of Califfa on a street corner in San Jose, in an attempt to' purchase narcotics. This was the first time Santiago had met appellant. Santiago offered $25 for six capsules of heroin. At this point they were approached by Charles-Rodriguez. Appellant, having seen Rodriguez approach, told Santiago that he would not sell him the heroin, and Rodriguez and appellant went into a nearby bar. Rodriguez soon returned and offered to make the heroin purchase for Santiago.

Appellant returned while Rodriguez and Santiago were talking, and told Santiago that he would not sell to him because he didn’t know him, and that he would have to give the money to Rodriguez. Appellant would then give the narcotics to Rodriguez to deliver to Santiago. Santiago handed the money over to Rodriguez, whereupon both Rodriguez and appellant went back into the bar. In a short while Rodriguez came out and followed Santiago to a nearby parking lot. On the way, Rodriguez said that he could get only four capsules from appellant instead of six, but could get the other two later. At the parking lot Rodriguez was arrested by Officer Bishop, who had prearranged to have Santiago lead the suspect to that location. Rodriguez was brought into the police station.

Santiago returned to the site of the original meeting about 15 to 30 minutes later, where he again met appellant who gave him the remaining two capsules. As he delivered it, appellant asked if Rodriguez had sent Santiago for the heroin, and Santiago told him he had. Santiago gave these capsules to Officer Bishop, who turned them over to Inspector Savage of the State Bureau of Narcotics. Narcotics chemist Inspector Bergmans of that department testified that the capsules contained two grains of heroin.