People v. Gossett

Opinion

STONE, P. J.

Defendant appeals from a judgment entered pursuant to a jury verdict finding him guilty of a violation of section 11501 of the Health and Safety Code, unlawfully furnishing a narcotic, heroin. Since he does not challenge the sufficiency of the evidence to support the finding that he furnished a narcotic, the facts may be briefly stated.

Working with the police department, an undercover agent submitted to a strip search, was given $50 with which to purchase narcotics, and was driven by Officer Ortiz to the vicinity of a pool hall in Fresno. There he met

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defendant, who he knew was dealing in narcotics, and asked him if he was “holding,” meaning, did he have any narcotics? Receiving an affirmative reply, the agent told him he wanted two half spoons, costing $50. Defendant said he had one-half of a half, costing $12, which the agent purchased and shortly thereafter delivered the heroin, contained in a balloon, to Officer Ortiz. Another police officer assisted Ortiz in the operation and the agent was constantly under surveillance by one or the other, or both of them; he had neither hand nor body contact with any person other than defendant.

Defendant did not testify, and did not put on any defense. He now argues that the evidence shows he was entrapped and the trial judge erred in not instructing, on his own motion, on that issue.

Entrapment may not be raised for the first time on an appeal.

(People

v.

Chavez,

7 Cal.App.3d 637, 639 [86 Cal.Rptr. 788];

People

v.

Dickerson,

270 Cal.App.2d 352, 364 [75 Cal.Rptr. 828];

People

v.

Carter,