People v. Martinez

HERNDON, J.

Convicted on two counts charging sale and possession of marijuana, appellant has presented to this court his contentions (1) that the evidence was insufficient to sustain the judgment on either count, and (2) that the arresting officers entered his apartment without a warrant and without reasonable cause, so that the ensuing search which resulted in the discovery of the contraband was illegal. We have reviewed the record and find that it contains abundant and convincing evidence of appellant’s guilt. It also discloses the complete lack of merit in appellant’s second contention.

On the evening of February 4, 1958, Inspector Conahan, who was in civilian attire and posing as an individual desiring to purchase marijuana, met appellant’s codefendant Challender, and the two drove in the officer’s ear to 537 S. Park-view in Los Angeles, the address of an apartment occupied by appellant. At the time of their arrival, two other officers had the apartment under surveillance. The inspector had given Challender $12 with which to purchase a can of marijuana. Challender left the vehicle, walked across the street, and entered the premises at 537 via a driveway. About 15 minutes later he reappeared from the same driveway and upon reentering the car placed on the seat a package wrapped in newspaper saying “The man gave you a good can.” It was subsequently proved that the package contained marijuana.

After leaving appellant’s address, the inspector told Challender that he had friends coming in from Las Vegas who would be interested in a “two pound deal.” Two days later, on the evening of February 6, 1958, Inspector Conahan again met Challender and told him that his friends from Las Vegas “would not come up with enough ‘bread’ [money] for a two pound buy” without being assured that he could deliver the marijuana and without seeing its quality. He explained that his friends were about 30 minutes away, and that he wanted a can to deliver to them, and that he would then come back and arrange for the two pounds. The inspector and Challender again drove to appellant’s Parkview address, parking across the street. The inspector gave Challender one five dollar bill and seven one dollar bills. The serial numbers of the bills had been recorded, and the currency had been processed with a

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fluorescent powder. Challender left the car and proceeded down the driveway. Another officer who had the premises under surveillance saw Challender enter appellant's apartment. A few minutes later Challender emerged from the apartment accompanied by appellant, who was wearing a “greyish” colored robe with a red stripe. At the entrance to the driveway Challender left appellant and reentered the inspector’s car. Challender told the inspector that the man had said to drive around for about 10 minutes. At this point, another officer entered the car and Challender was placed under arrest. After driving to an adjacent street, the inspector asked Challender whether the two pounds were in the house. He answered that he didn’t think so. The officers then inquired: “Is the money in the house? Did you give it to the connection George?” Challender replied, “Yes.” They then asked “Why didn’t you bring out the sample back?” and he replied, “Look, I don’t want to testify against this fellow, I am not going to say anything. I would rather think it over. I am frightened.” When the officers inquired “Does he have the can on hand?” Challender replied “I guess so. I don’t lmow. I think he does.”