People v. Cherrie

FOX, P. J.

Defendant was convicted of possession of heroin in violation of section 11500 of the Health and Safety Code. Two prior convictions were also alleged, one for robbery and the other for a narcotics offense. Both of these prior convictions were found to be true. Defendant was sentenced to the state prison. He has appealed from the judgment.

At approximately 10:30 p. m. on April 14, 1957, Officer Sovialc, of the Los Angeles Police Department, received information from an informant, who had previously given Mm information which had led to the arrest and conviction- of two people, that the defendant had been selling narcotics earlier that evening at the corner of Fifth and Stanford Streets, in Los Angeles; that the defendant had gone home but still had some narcotics in his possession; that defendant lived at 460

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Bast Fourth Street, in Room No. 200. About half an hour later Officer Soviak and his partner went to the designated address; Officer Soviak knocked on the door; a male voice inquired, “Who is there”? Officer Soviak replied, “Police Officers.” Defendant came to the door, the officers identified themselves, and defendant let them in. He did not ask what they wanted, but said, “Come in.” At about the same time a man who lived across the hall came to the door, and he also went into defendant’s room. Defendant was in the nude; he walked to a chair near the center of the room and sat down; after a few minutes he reached over to the television set to get a pack of cigarettes; as he made this movement a yellow bindle fell onto the chair from his rectum. Officer Soviak picked it up. The officer then placed defendant under arrest. Defendant thereupon volunteered the information that he was again selling narcotics; that he was selling for a man on the west side of town, and that he was working on a 60-40 percentage. He explained that his supplier had delivered 10 bindles to him at his room the day before, and that in the meantime he had sold four of them. He further related that his supplier had personally used two of the bindles; this accounted for his having only four left. Upon analysis, the substance contained in these bindles was found to be heroin.

Defendant’s story was that there was a knock on his door; that he inquired as to who was there, and the response was, “Dobb,” a friend who lived across the hall; whereupon defendant got out of bed and opened the door. As he was getting back into bed, two officers rushed in, Dobb following close behind. One of the officers searched the floor and ordered defendant out of bed and to put on his clothes. Defendant denied being shown any bindle while in the room, and denied telling the officers that he was selling narcotics for a fellow on the west side of town on a 60-40 per cent basis. Defendant’s girl friend corroborated his testimony.