People v. Basco

VAN DYKE, P. J.

Appellant was informed against by the District Attorney of San Joaquin County for the crime of possessing narcotics. She was convicted and appeals from the judgment of conviction and from the order of the court denying her motion for a new trial.

On April 13,1953, at about 2:30 p. m. police officers stopped appellant and one Rudy Landeros as they ascended the stairway from the lobby of a Stockton hotel en route to their room. The officers made a superficial search, then went on to the room where a further search revealed two boxes of narcotics which Landeros was carrying concealed in the front of his trousers. No narcotics were found on appellant. The officers showed the packages to appellant, however, and asked her if there were any more and she replied that there were not, that the officers “had all of it.” In a statement given later, appellant said that she knew her companion had the narcotics in his possession and in the front of his trousers. Also she said that she had known he had the narcotics when they left Los Angeles to come to Stockton and ever since he got them; that she also brought a quantity of narcotics with her on that trip. Appellant had been living with Rudy Landeros for sometime and they were registered at the hotel where they were intercepted as “Mr. and Mrs. Loma.” They had lived together at three other hotels, all in Stockton, and within 10 days. The only narcotics found in the possession of either was that found on the person of Landeros. Appellant said she had used that which she brought. Appellant denied that

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the narcotics found on Landeros belonged to her and that she had any interest therein or had ever had possession thereof. Since appellant was accused of unlawful possession, and there being no direct evidence thereof, the sufficiency of the evidence to sustain her conviction must rest in circumstances. This circumstantial evidence may be summarized as follows: Appellant was a user of narcotics. She brought a quantity of narcotics to Stockton from Los Angeles a few days before her arrest. She and Landeros came from Los Angeles together, registered as husband and wife and moved several times in a short period from hotel to hotel. The quantity of narcotics found on Landeros amounted to 128 capsules of heroin valued at $5.00 per capsule. Appellant, as stated above, indicated she knew how much heroin was being carried by Landeros while in her company. It is the claim of the prosecution that from the foregoing the jury could reasonably infer a joint possession of the narcotics between appellant and Landeros.