People v. Hauser

JEFFERSON, J.

In an information filed by the district attorney defendants were charged with four counts of violation of section 11531 and in count V with violation of section 11530 both of the Health and Safety Code. A prior conviction for possession of marijuana was charged as to defendant Cutkomp. Both defendants entered pleas of not guilty. Defendant Cutkomp refused to enter a plea as to the prior and a denial was entered by the court. Later defendant Cutkomp admitted the prior and entered a plea of guilty to count V. After a jury trial each defendant was found guilty on all of the remaining counts charged. A probation report was ordered; probation was denied, and each defendant was sentenced to state prison for the term prescribed by law with sentences to run concurrently. Both defendants appeal from the judgments and from the order denying their motions for new trial.

A résumé of the facts material here follows: Paul Edward Pulliam testified he was an agent for the Bureau of Narcotic Enforcement of the State of California. His assignment was involved in undercover activities; primarily, making purchases from dope peddlers and observing their activities. He further testified that he made four purchases from defendants. Defendants through their counsel concede on this appeal there is no issue raised or asserted as to sufficiency of evidence to support the verdicts rendered by the jury. Further, defendants concede on the question of entrapment that the jury was adequately instructed on the subject and that their verdicts are final, there being ample evidence to support them, with which we agree.

Two points are raised in this appeal: (1) Defendants were denied a fair trial in violation of Article I, section 13 of the California Constitution and the 14th Amendment of the Constitution of the United States by the State’s failure to produce certain police reports for the defendants’ inspection; (2) the prosecution was guilty of prejudicial misconduct.

As to the first point raised on appeal by defendants,

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we find this contention is without merit. Defendants requested before any testimony was taken that they should be supplied with crime reports prepared by the witness Pulliam and in respect to this request the district attorney made the following statement: “I have made my entire file available to counsel and if and when any other reports come to my attention that are to be used in this trial I can assure counsel he will have ample opportunity to use those. I make my entire file available to him. ’'