People v. Barquera

MOORE, P. J.

Having been convicted of possessing heroin (Health & Saf. Code, § 11500) and of a previous conviction of the same offense, defendant appeals. At the trial, the action was submitted on the transcript of the preliminary hearing with the stipulation that both the People and defendant, might present additional evidence.

Testimony was introduced on the issue of the legality of the arrest and the search and seizure which followed it. Appellant’s motion to suppress the evidence was denied and his objection to the introduction of evidence was overruled. Also, evidence was presented on the question of guilt or innocence.

After conviction, both the motion for a new trial and for probation were denied and he was sentenced to state prison for the term prescribed by law.

He now contends that (1) hearsay evidence was admitted on the issue of his guilt; (2) he was denied the right to cross-examine witnesses in that the court would not allow a disclosure of the name of the confidential informant; (3) the evidence taken from his apartment had been unlawfully seized; (4) he did not receive a fair trial because the court had formed an opinion of his guilt before his defense was presented.

Officer Cohen of the Los Angeles Police Department was advised by a reliable, confidential informant that a masculine young Mexican, neatly dressed in sport clothes and approximately 5 feet 7 inches tall, sold and kept narcotics in his apartment on North Grand Avenue in Los Angeles. Within an hour after receipt of such information, the officer and his partner drove by the designated address when they saw one Berru, known to Officer Cohen as a narcotic addict, stepping out of the apartment house doorway in company with appellant. Cohen left the police ear, approached the young Mexican and Berru on the sidewalk and asked to converse with them. They ran at once along the space between the apartment house of appellant’s home and the edifice to the south of it and the officers pursued and apprehended the fugacious pair and

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placed them under arrest. Berru and appellant were taken to a parking lot in the rear of the apartment house and there searched. Appellant was then taken to the manager of the apartment house. She told the officers that appellant lived in apartment 21 and gave them the key to it. Officer Cohen testified that he then said to appellant: “We should search your residence,” to which appellant replied: “All right.” Appellant testified he did not give the officers permission to search the apartment. It was stipulated that the manager would testify that appellant said nothing to the officers in her