People v. Perez

SHINN, P. J.

By indictment in case Number 6127, Johnny M. Perez and Romero M. Rivera were accused in Count I of selling, furnishing and giving away a preparation of heroin on February 3, 1957, and in Count II, with the commission of a like offense on February 7, 1957. Rivera pleaded guilty and was sentenced to state prison; Perez pleaded not guilty. By indictment in ease Number 6128, Perez and John Doe' Chocolate were accused of committing a like offense on February 9, 1957; Perez pleaded not guilty. Trial of the two cases was to the court; the court found Perez guilty as charged in the indictments and sentenced him to state prison for the terms prescribed by law. Perez appeals from the judgments of conviction. Although there are separate appeals the cases were tried together and the appeals are presented on a single transcript.

Richard Velasquez, an undercover narcotic inspector for the State of California was the chief witness for the People. The following is the substance of his testimony. At 3:30 p. m. on February 3, 1957, Velasquez went to the El Rancho Café on East Second Street in Los Angeles, where he met Perezr who was seated at the bar; he knew Perez slightly as “Johnny.” The officer asked appellant “if he had anything”';appellant said that he did and asked Velasquez how much he wanted. The officer replied that he wanted half a gram. Appellant pointed to Romero Rivera, who was seated nearby, and told Velasquez to go to a liquor store on the corner of San Pedro and Second Streets and wait for Rivera. Velasquez went to the liquor store; Rivera arrived shortly thereafter." The officer handed Rivera $12 and received in exchange a small; paper bindle which was proved to contain heroin. Velasquez testified: “I asked him if Johnny had sent him, and he said yes, that he was Johnny’s boy, and that the next time I wanted anything, for me to contact him, and that his name was Boche. ’ ’

At 2:45 p. m„ on February 7th, Velasquez returned to the café, where he met Perez and Rivera. The officer asked appellant what kind of a deal he would give for $100 and Perez replied that he would give seven grams. Appellant said that he could obtain the seven grams that day but Velasquez said it would take him several' days to obtain the money. The officer

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then asked Perez if he had anything; appellant said that he did and asked Velasquez how much he wanted; the officer replied that he wanted half a gram. Appellant told Rivera to “give him a half” and Rivera instructed Velasquez to go to the Atomic Café, which was located on South San Pedro Street. Velasquez went to the café. After a few minutes, Rivera arrived and asked him for the money. The officer handed him $12. Rivera went to the rear of the building and returned with a package wrapped in a razor blade wrapper, which he gave to Velasquez. The package was proved to contain heroin.