People v. Huerta

FOURT, J.

The defendant in this matter filed a letter with the clerk of the court indicating that his purpose was to appeal because he had been unjustly convicted. The document will be treated here as though it were an appeal from the judgment.

The appellant was charged in two counts with the sale of narcotics in violation of section 11500 of the Health and Safety Code. After a trial the appellant was found guilty of both counts and sentenced to the state prison, the sentences to run concurrently.

A résumé of the facts is as follows, as to count I: On or about February 13, 1956, Albert Natividad, a deputy sheriff of the county of Los Angeles, attached to the Narcotic Detail, saw the appellant in front of a café on Seventh Street in Los Angeles about 7:15 o’clock p.m. Natividad, a confidential informant, and a third person (whose name does not appear) in the presence of the appellant talked of making a purchase of some narcotic capsules at $3.00 each. While the bargaining was taking place the appellant interrupted the conversation and stated that three capsules for $8.00 was a very cheap price; that the narcotics they had was very good stuff and that he would be able to get three caps for $9.00. The conversation between the unknown person, the deputy sheriff and the confidential informant continued, and during such conversation, the appellant left for about two minutes and returned with

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a package which appellant stated contained three capsules. The deputy sheriff instructed the informant to give $5.00 to the appellant, which the informant did, and the deputy sheriff gave the appellant $3.00, whereupon the delivery of the package was made to the informant by the appellant.

As to count II, the facts were that on February 20, 1956, at about 8 o’clock p.m., Natividad approached the appellant as he was talking to a group of boys on Seventh Street. Natividad stated that he wanted to buy some narcotics and they then went to the officer’s car on Stanford Street. The appellant went into an apartment house nearby and returned to the automobile in a few minutes and thereupon handed to Natividad two capsules. Natividad paid to the appellant $5.00 for the capsules.

It was stipulated by all concerned that the cause was to be tried by the court sitting without a jury. It was also stipulated at the trial that the testimony of a forensic chemist of the sheriff’s department given before the grand jury in this cause would be read into evidence in lieu of a personal appearance by the chemist. The substance of the capsules, in each instance, was identified by the chemist as being heroin.