People v. Vega

Opinion

THE COURT.

Defendant was charged in count I of a three count information with offering to sell seconal (Health & Saf. Code, § 11912), in count II with possession of seconal for sale (Health & Saf. Code, § 11911), and in count HI with carrying a loaded firearm in a vehicle while in a public place, in an incorporated city, to wit: El Monte (Pen. Code, § 12031). He pleaded not guilty and waived jury trial. Defendant waived his right to confront and cross-examine witnesses. Pursuant to stipulation the court read and considered the transcript of the preliminary hearing. Defendant testified in his own behalf and also submitted the testimony of a friend, by way of stipulation, as partial corroboration of his own testimony. The court found defendant guilty of count I, not guilty of count II, and guilty of count HI. Probation was denied. Defendant was sentenced to state prison on count I. He was sentenced to 90 days in county jail on count III, the sentence to run concurrently with that imposed in count I. The court reserved jurisdiction under section 1168 of the Penal Code. Defendant appeals from the judgment.

Deputy Lopez of the Los Angeles County Sheriff’s Department met with an informant at the El Monte Police Department on January 29, 1970. The informant placed a telephone call. Lopez overheard the conversation with the informant’s permission. The informant told a male voice at the other end of the line that he had a friend “who wanted to score some . . . jars of reds or whites.” Lopez understood this to mean make a purchase of seconal or benzedrine. A jar represented one thousand pills. The male voice told the informant that if the friend had the money, he could possibly get three jars. The informant stated that his friend did have the money and that he would meet the person he was talking to at 7 p.m. that night at Crawford’s Market in El Monte.

Lopez then proceeded to Crawford’s Market. The informant also went to the market, in his own vehicle. Additional officers went to the area in

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other vehicles for surveillance purposes. At about 7 p.m. the informant introduced Lopez to defendant who was seated in his car in the parking lot. Lopez told defendant that he wished to purchase three jars. Defendant questioned Lopez about his identity. He accused Lopez of being a police officer. Lopez denied the accusation. Defendant reached down and brought out a small caliber pistol, showed it to Lopez and said, “ I have been ripped off before. This is why I carry this.” Defendant then asked Lopez how much money he had. Lopez said that he had 20 dollars. Defendant asked Lopez to get into the car to complete the transaction. Lopez insisted that the transaction be completed in the parking lot and asked to see the pills. Defendant lifted a brown paper sack off the floor of the car, shook it and said that it contained the pills. Lopez said he would get the money from his truck. Lopez walked to the truck and gave a prearranged signal whereupon the surveilling officers converged on the location and arrested defendant. Deputy Herold removed three sacks containing seconal from defendant’s car. Deputy La Grave removed the pistol, which was under the driver’s seat of defendant’s car. There was a bullet in the chamber. Officer Randall of the El Monte Police Department later test fired the pistol and found it operable.