People v. Guerrero

THE COURT.

In a non jury trial in which he was represented by the public defender, Louis Guerrero was convicted of the possession of heroin. Two prior felony convictions were alleged and established by the evidence and judgment.

Defendant filed in propria persona his notice of appeal from the judgment. He applied for appointment of counsel on the appeal which we denied because our review of the record disclosed that the appeal is without merit. Defendant was notified and given ample time to file a brief. None has been filed. However, we have given the appeal full consideration.

There was evidence of the following facts. During the month of August 1960, a confidential informant, identified as Mary Lopez, informed Officers Dorr ell and Fesler that Olivia Guerrero was living at 132 North Almar Street, that Louis Guerrero was selling narcotics and that she thought Olivia, his wife, was holding a main “stash” at that location. This informant on several prior occasions had furnished information that had led these officers to suspects who were proved to be dealing in narcotics.

On September 2, 1960, Officers Fesler and Dorrell went to the address, entered the house and found Olivia in her bedroom. She admitted using narcotics, and her arms had what appeared to be hypodermic needle marks. She said she was getting narcotics from Louis; Louis was selling narcotics for Tony Moneo and they were planning a trip to Mexico to get another supply. The narcotics were brought to a motel where they would be cut. Olivia offered to call the officers and tell them what motel would be used but neglected to do so. Later Mary Lopez told the officers that Louis was still selling narcotics; that people would call him on the phone at Olivia’s

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house, Louis would meet them, receive the money, he would get the narcotics from the house and make the delivery.

Thereafter the officers saw defendant’s ear about a block from his wife’s residence. Officer Salagi knocked on the door and asked Olivia’s 12-year-old daughter if they could talk to her mother. She said “Yes, come in.”

Officer Dorrell went to the bedroom, opened the door and saw Olivia and Louis standing with their backs toward him. In Louis' right hand was a medicine dropper with a hypodermic needle attached to it, common narcotic paraphernalia. Officer Dorrell reached for the paraphernalia, a struggle ensued, the needle was taken from Louis and both he and Olivia were handcuffed and arrested. In a search the officers found three spoons with heroin residue in their bowls and their underneath sides blackened, such as are commonly used to heat narcotics. They also found a quantity of white powder in a rubber container which was proved to be heroin.