People v. Hall

Opinion

THOMPSON, J.

Appellant appeals from a conviction of violation of Health and Safety Code section 11501, the unlawful sale of heroin. On March 30, 1970, we filed our original opinion affirming the judgment of conviction. On April 1, 1970, our Supreme Court filed its decisions in

Prudhomme

v.

Superior Court, 2

Cal.3d 320 [85 Cal.Rptr. 129, 466 P.2d 673];

Bradshaw

v.

Superior Court, 2

Cal.3d 332 [85 Cal.Rptr. 136, 466 P.2d 680]; and

In re Marcario, 2

Cal.3d 329 [85 Cal.Rptr. 135, 466 P.2d 679].) Those three companion cases deal with the major issue involved in the case at bench. We therefore granted rehearing on April 27, 1970, to permit the case at bench to be reconsidered in the light of

Prudhomme, Bradshaw,

and

Marcado.

Fácts

Viewed in the light most favorable to the judgment, the record discloses the following. Oh February 19, 1969, appellant sold .3 gram of heroin to W. D. McIntosh, an undercover officer of the Los Angeles Police Department. On that date, Officer McIntosh was directed by Royal Wilson, a narcotics addict and police informant, to appellant’s house located at 1711 East 102d Street in Los Angeles. At 10:10 a.m., Officer McIntosh and Wilson entered the house and inquired as to the possibility of purchasing heroin. In response to Wilson’s request for a “dime bag” of heroin, appellant handed him a balloon containing .3 gram of heroin which he passed on to Officer McIntosh. Wilson gave appellant a ten-dollar bill he had received

[565]

from McIntosh. Two or three women and another man were present in the house at the time of the transaction.