People v. Contreras

WARNE, J. pro tem

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The appellant and his codefendant were charged with possession of narcotics, a violation of section 11500 of the Health and Safety Code. Appellant was also charged with a prior conviction of burglary and a prior conviction of a violation of section 11500 of the Health and Safety Code, a felony. Appellant admitted the two prior convictions. The case was tried by a jury and appellant was found guilty as charged. He has appealed from the judgment and a purported order denying a motion for a new trial. However, the record does not show that a motion for a new trial was made. At the time of arrest in the instant case, and for some time prior thereto, appellant had been on parole from prison and under the supervision of Parole Officer Edward Boulton.

Parole Officer Boulton had received reports from a reliable, confidential informant that the appellant was peddling narcotics and was also using them. For several days prior to September 19th, Inspector House of the State Division of Narcotic Enforcement also had received information from a reliable informant that defendant had been using and selling narcotics, namely, heroin, and that appellant had been making regular trips to Los Angeles for the purpose of obtaining large quantities of this narcotic. The record then shows that Boulton contacted the narcotic enforcement officers and some discussion followed which resulted in his request that the narcotic enforcement officers accompany him to arrest appellant. Accordingly, Mr. House instructed three of his deputies, Inspectors Best, Murphy and McHugh, to proceed to the defendant’s apartment in the city of Sacramento with Boulton and arrest Contreras.

The three inspectors and Officer Boulton went to the above-mentioned address for the specific purpose of arresting the appellant for possession of narcotics and for violation of his parole. Upon arriving at the premises, Inspector Best ascer

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tamed from the manager that appellant was in his room. He then knocked at the front door of the apartment, stating his purpose, and upon receiving no answer, but hearing movement inside the apartment, went to the rear door. There was no response to Inspector Best’s demand that he be permitted to enter and, upon hearing further noise which sounded as if someone were moving about in the apartment, he broke open the door and entered the room. The appellant, Contreras, was standing at the foot of the bed and defendant Ramos was in bed. The appellant was fully clothed and at his feet Officer Best recovered items which were introduced in evidence as People’s Exhibit Number 1, consisting of a rubber container with a small amount of powder in it, a dripper, a piece of cellophane, several pieces of cotton, a hypodermic needle, a piece of tissue paper, and a bent spoon.