People v. Ramos

FOX, J.

Defendant was convicted of violating section 11500 of the Health and Safety Code, in that on July 16, 1955, he sold a narcotic known as heroin. He appeals from the judgment and the order denying his motion for a new trial.

Defendant does not deny making the sale. His sole point on appeal is that the evidence establishes as a matter of law the defense of entrapment.

On the afternoon of July 16,1955, Deputy Sheriff Guiterrez, who was assigned to the narcotic detail, was introduced by another deputy sheriff to an informant known only as “Poncho.” Guiterrez and Poncho went to the corner of Brooklyn and Mednick, in East Los Angeles, where the latter telephoned defendant, who was an acquaintance, that he wanted to see him. In about 10 minutes defendant drove up. Annie De-Anda was with him. Guiterrez and Poncho entered the car. A few minutes later, as defendant drove southerly on Med-nick, Poncho asked him, “Have you got the stuff?” Defendant replied, “Yes.” Poncho then said to Guiterrez, “Give me the money.” The officer handed him “$24.00 for the stuff.” Defendant then said something to Mrs. DeAnda that Guiterrez was unable to understand, whereupon she said to the officer, “We will drop you off at the next corner. We will take him [Poncho] with us, give him the stuff and then we will drive him back.” Guiterrez objected to this, saying, “It is my money. I won’t let him out of my sight.” Mrs. DeAnda replied, “After all, you can’t blame us. We don’t know who you are and we can’t take any chances.”

Defendant continued driving to the corner of Mednick and First Streets, a distance of some two or three blocks from where the officer and Poncho had entered the car. He there made a right turn when Poncho said to him, “If you are going to act like that then let us off right here. We don’t

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want anything from you.” Defendant then stopped the ear, Guiterrez alighted and Poncho followed him. Thereupon Poncho said to defendant, “Well, are you going to give me the stuff?” At that point defendant handed Poncho a blue balloon containing ten capsules of heroin and received $24 from him.

According to the officer, this is all the conversation between him and Poncho on the one hand and defendant and Mrs. DeAnda on the other. Defendant, however, testified that Poncho stated several times that he was sick—“real sick;” that he wanted the stuff for his own use; that, in effect, Poncho begged him to sell the heroin to him. Defendant further testified that Poncho had, on a number of prior occasions, attempted to buy narcotics from him but without success; that he had told Poncho he was a user but not a “pusher,” i. e., a peddler. He further testified that when Poncho called him on the telephone and said he wanted to see him, he (Poncho) said it was “important.” There was not, however, anything said in that telephone conversation about narcotics, according to defendant.