People v. Holland

SHINN, P. J.

Ernest Holland was accused by information of a violation of section 11500 of the Health and Safety Code, in that he wilfully, unlawfully and feloniously had in his possession a preparation of heroin. He was also accused of having suffered two previous convictions, to wit: a misdemeanor violation of section 11500 of the Health and Safety Code and a violation of Penal Code, section 666, subdivision 3 (petit theft after petit theft), a felony. Defendant pleaded not guilty and waived a jury trial. The case was submitted to the court on the transcript of the preliminary hearing and the proof of the prior convictions. The court found defendant guilty and dismissed the priors in the interests of justice. Probation was denied and Holland was sentenced to state prison for the term prescribed by law. He appeals from the judgment.

Allan Coffey, a Los Angeles police officer assigned to the University Division, was the chief witness for the People. The following is the substance of his testimony. At about 7:45 p. m. on November 20, 1955, Officer Coffey and his partner, Officer Dosti, went to defendant’s home at 720 Eqst 42nd Street in Los Angeles. Three times within the preceding two weeks they had received confidential information from an informant that defendant was a narcotics addict, had narcotics in his possession, and was selling narcotics; the last tip was received about an hour before they went to Holland’s

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home. They did not have either a search warrant or a warrant for defendant’s arrest.

The officers knocked on the door to defendant’s room, which was located in the cellar at the rear of the house. When a voice inside the room responded to their knocking Officer Coffey asked “Is it Ernest Holland?”; defendant answered “Yes. Who is it?”; the witness replied “It’s Coffey, Police Officer.” Defendant said “Just a minute” and after a few moments he opened the door about three-quarters of the way and stepped back from the door; the officers entered.

Defendant appeared to be in a nodding or slightly sleepy condition; there was no odor of alcohol on his breath. Officer Coffey checked defendant’s eyes with a flashlight. The pupils were pin pointed; when the light was passed in front of defendant’s face there was no reaction. Officer Coffey gave testimony on direct and cross-examination as to his experience and knowledge with respect to the objective symptoms of the existence of narcotic influence and was held qualified; it was his opinion that defendant was under the influence of a narcotic at that time. The officers placed Holland under arrest for a violation of the state narcotics act and made a search of his person and the premises. On the backs of defendant’s hands they found numerous marks and sears which resembled the marks made by a hypodermic needle. Secreted within an electric light fixture on the ceiling they found some paper bindles which were proved to contain heroin. Defendant told the officers that the heroin was his and that he had used some of it earlier in the evening.