People v. Lamb

Opinion

KINGSLEY, J.

Defendant and Robert Gonzales were jointly charged with: (count I) possession of heroin for sale, in violation of section 11500.5 of the Health and Safety Code; and (count II) possession of methadone, in violation of section 11500, of that code. After a trial to the court, defendant was found guilty on both counts; Gonzales was found guilty, under count I, of the lesser and included offense of possession of heroin and was acquitted on count II.

1

Proceedings under the Narcotics Rehabilitation Act were instituted as to defendant, and he was committed to the Rehabilitation Center. He escaped from that institution and, thereafter, was certified to the superior court as unsuitable for treatment. Superior court proceedings were resumed and defendant was sentenced to state prison.

2

He has appealed;

3

we modify the judgment and affirm it as modified.

[381]

Police officers received information from an informant that a “Welo” Lamb and another man called “Bobby” were selling heroin at 315 South Ynez Street in Monterey Park. A record check disclosed that defendant (Leonard Ira Lamb) was on parole, had given that as his last address and that a warrant for his arrest as a parole violator was outstanding. The officers made contact with Hurst, parole officer, and Hurst and three police officers, in plain clothing, went to the address given. Two officers went to the rear of the house. A woman (later identified as Grace Marie Lamb, defendant’s mother) was on the porch. Hurst approached her, identified himself, stated that he was looking for defendant. The woman unlocked the door and Hurst and one police officer entered.

4

As the agent (Hurst) and the policeman entered, they saw a man running. Hurst knew that the man was not defendant, but the man (co-defendant Gonzales) was immediately arrested. The officers then began a search of the house, looking for defendant. That search disclosed a variety of evidence. In the meantime, defendant, dressed in his underwear, had run out the back door into the arms of the awaiting officers, who arrested him on the parole violation charge. Defendant was returned to the house and a more extensive search resulted in finding even more evidence of narcotic involvement.