People v. Angulo

Opinion

GINSBURG, J.

*

Appellants, Florintino Angulo and Roberto Perez Rodriquez, were convicted after trial by jury of a violation of Health and Safety Code section 11352, sale of heroin.

[517]

The Issue

The sole issue to be determined in this case is whether the constitutional right to be represented by effective counsel includes the right of codefendants for whom joint counsel has been appointed to have separate counsel absent a request therefor. We have concluded, based upon precedent, that if a possible conflict of interest develops, the right to be represented by separate counsel subsists unless the record affirmatively shows that the defendants were informed of this right and knowingly waived it.

Facts and Background of the Case

On July 26, 1976, a special investigator for the Madera County Sheriff’s office working undercover arranged through an informer to purchase two ounces of heroin from appellant Angulo for the sum of $1,500. A meeting was held near an orchard for the purpose of consummating the sale. Angulo arrived at the meeting with the informer, followed by appellant Rodriquez in another vehicle. Rodriquez obtained a bag of what was later identified as heroin from his car and handed it to Angulo. After concluding the social and commercial amenities customary in such cases, Angulo handed the bag to the sheriff’s investigator and received the money.

At the trial, Angulo admitted making the sale. He further testified that Rodriquez merely acted as a tool in handing over the heroin, that Rodriquez did not know what was in the bag, and that he, Angulo, had placed the bag in Rodriquez’ car prior to meeting the sheriff’s investigator in the orchard. Thus appellant Angulo, while specifically admitting the offense, attempted to exonerate appellant Rodriquez from any part in the transaction.

Both appellants were represented at the trial by the same court-appointed counsel. Defense counsel announced in his opening argument, “The District Attorney is probably correct in that he can show that Mr. Florin tino Angulo made a sale of heroin .... However, it is doubtful that the prosecution can show that Mr. Rodriquez was actually involved in the sale.” On direct examination, he elicited a confession from Angulo. In his closing argument, he stated that Mr. Angulo had admitted the offense, and that the situation was different in the case of Mr. Rodriquez.