People v. Perkins

SHINN, P. J.

Paul Perkins was indicted for and in a court trial convicted of selling and furnishing heroin. He appeals from the judgment.

The evidence at the trial consisted of evidence produced before the grand jury, received pursuant to stipulation, and some additional evidence.

There was testimony of the following facts. In the late afternoon of May 22, 1958, Officer Ruben Ortiz of the Los Angeles Police Department accompanied one Dan De Norber to the northeast corner of Fourth and Broadway, where they encountered appellant. The three men then walked north on Broadway. De Norber told Perkins that Ortiz wanted to buy some heroin; appellant agreed to obtain two capsules of heroin for

$5.00;

Ortiz handed Perkins a $5.00 bill; appellant told Ortiz and De Norber to follow him back to a candy store on the corner of Fourth and Broadway and then to wait. Perkins approached his codefendant, Reataza, and the two men entered the candy store. Ortiz and De Norber waited outside. Through the open door Ortiz saw appellant hand a bill to Reataza and the latter hand appellant a piece of green balloon and two small capsules. Perkins then left the store and gave the capsules and the piece of balloon to De Norber who gave them to Ortiz. The capsules were analyzed by a police chemist and were shown to contain heroin.

Appellant testified in his own behalf that he met Ortiz and De Norber on May 22d but he did not meet Reataza. He did not buy any narcotics from Reataza and no money was given

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him by Ortiz. De Norber asked him if he could find some narcotics but he did not know where narcotics could be obtained and he did not offer to find any. He witnessed some kind of transaction between De Norber and Ortiz.

Upon application of appellant for appointment of counsel the matter was referred to the Committee on Criminal Appeals of the Los Angeles Bar Association with a request for a report directing our attention to any point which might reasonably be urged in his favor. We received a report from a member of the committee made after a careful examination of the record. After reading the report and the record we determined that the filing of a brief would serve no useful purpose and we denied the appointment of counsel, notifying Perkins of our order and substantially extending his time to file a brief. No brief having been filed, we have reexamined the record and are disposing of the appeal on the merits.