People v. Velasquez

Opinion

KINGSLEY, Acting P. J.

In case No. A314154, defendant, together, with three other persons,

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was charged (count I) with offering to sell heroin, in violation of section 11352 of the Health and Safety Code; the same four persons were charged (count II) with attempted grand theft, in violation of sections 487 and 664 of the Penal Code; the same four were also charged (counts III through VI) with using heroin, in violation of section 11550 of the Health and Safety Code. The trial of defendant Moreno was severed; defendant and the other two defendants were tried jointly. The jury found defendant Velasquez and codefendant Hansen guilty on counts I and III and not guilty on count II. Codefendant Chagolla was found guilty on count III, not guilty on count II; the jury

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was unable to agree on count I. Defendant Velasquez was sentenced to state prison on count I and to one year in the county jail on count II, the sentences to run concurrently and concurrently with the sentence in case No. A290544.

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In case No. A290544, defendant Velasquez had pled guilty, in 1973, to a violation of (then) section 11501 of the Health and Safety Code; he was granted probation. Probation was revoked and he was sentenced to state prison because of the convictions in case No. A314154.

Velasquez has appealed from both judgments. We affirm the judgment in case No. A290544; we affirm the judgment in case No. A314154 as to count I; we reverse the judgment in that case as to count III.

On December 26, 1974, officers of the Whittier Police Department arrested Laura Caico on a narcotic charge. The following day, Officer Pierce, of that department, interviewed Miss Caico; in the course of that interview, Officer Pierce sought her assistance in discovering and arresting sellers of heroin. His statement to her was, as he testified, as follows: “I made a promise to her that if charges were filed against her, I would make known to the District Attorney and to the Judge hearing this case the fact that she assisted us in working or taking off the street narcotics.” Thereafter, Miss Caico made a series of telephone calls to codefendant Hansen. Those calls, with Miss Caico’s consent, were monitored by Officer Pierce who, with Miss Caico’s consent, tape recorded them. The effect of those calls was that Miss Caico asked Mrs. Hansen to secure for her a “piece.” The price (approximately $900) was discussed, as was the manner of delivery. Miss Caico, accompanied by Officer Pierce in plain clothes and purporting to be a potential buyer, drove to a restaurant. There, after a final phone call by Miss Caico, the other three defendants arrived, on foot. There followed a complicated series of checking and driving around, culminating in the statement by defendant that an approaching automobile was bringing the supposed supplier. Surveilling officers then moved in and arrested all the defendants. Body searches and search of the automobile disclosed no narcotics.