People v. Chavez

Opinion

THE COURT.

Jesus Albert Chavez, convicted by a jury of selling LSD, appeals, contending the police entrapped him.

On March 14, 1969, in the afternoon, Buena Park police Undercover Agent fielding met defendant Chavez, Lawrence Lee Gray and a third person, all juveniles, fielding had not known Chavez before the afternoon meeting. About 7:30 p.m. the same day, fielding again met Chavez in the company of Gray and Peter Bryan Kelly outside a teenage nightclub, fielding asked Gray if he knew where fielding could “score some acid,”

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i.e., purchase LSD. Kelly broke into the conversation, saying he had hashish hidden away but Belding would have to take him to it if he wanted to buy it.

Belding drove defendant Chavez, Kelly and Gray to where the hashish was supposed to be hidden. However, Kelly could not find the hashish which he said was hidden in an ivy patch.

At that point Chavez said, “Well, let’s go and get my stash,” i.e., cache of narcotics. On foot, Chavez took Belding to another location, where Chavez reached under a rock in a flower bed and took out a cellophane wrapper containing two LSD tablets which he placed in his right coat pocket. En route back to the car, Belding asked defendant what he had. Defendant stated he had acid, which he wanted to sell to two girls, but they had not shown up, so he would sell it to Belding. After bargaining for price, defendant sold the drug to Belding for $7.

Defendant as a witness denied having possessed or sold the drug and having received money from Belding.

Chavez contends (1) he was entrapped by Officer Belding as a matter of law, and (2) the court should have instructed the jury on entrapment on the court’s own motion.

Chavez did not raise the issue of entrapment in the court below and may not raise the issue for the first time on appeal

(People

v.

Johnson,