People v. Lewis

California Court of Appeal Jul 25, 1962 No. Crim. 7834Published

Before: Jefferson

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Holding. The court held that the evidence was sufficient to support a conviction for offering to sell narcotics under Health and Safety Code section 11503, that the defendant's waiver of counsel was valid, and that a jury trial waiver for the main offense extends to the issue of prior felony convictions.

Issues

Whether the evidence was sufficient to prove the defendant had the intent and knowledge required for a violation of Health and Safety Code section 11503.
Whether the defendant made an unintelligent and incompetent waiver of his right to counsel.
Whether a jury trial waiver for the main offense requires a separate express waiver for the issue of prior felony convictions.

Disposition. affirmed

Quotations verified verbatim against the opinion

“A violation of section 11503 of the Health and Safety Code requires only that a defendant agree, consent or offer to unlawfully sell, furnish, . . . any narcotic, and then sell, deliver, furnish . . . any other substance or material in lieu of a narcotic.”

“The trial court found that defendant here offered, in the vernacular of the narcotics world, to sell and deliver a narcotic, and then sold and delivered a substance in lieu thereof.”

JEFFERSON, J.

The Los Angeles County Grand Jury returned an indictment charging defendant with the crime of offering to unlawfully sell, furnish ... a substance falsely represented to be narcotics, in violation of section 11503 of the Health and Safety Code. The indictment was amended alleging two prior felony convictions, and defendant was arraigned on the prior convictions charged. Defendant entered a plea of not guilty and denied the prior convictions. Trial was by court, trial by jury having been duly waived by defendant and all counsel. Motion for new trial and probation were denied. Defendant was found guilty as charged, and the prior convictions were found to be true. Defendant was sentenced to state prison for the term prescribed by law.

James T. Johnson, a Los Angeles undercover police officer assigned to the narcotics division, testified that on October 25, 1960, he entered the Rainbow Bar at Crockett and Fifth Streets in the City of Los Angeles with another undercover

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police officer. After being approached by two individuals who identified themselves as Felix and Connie, Officer Johnson asked them if they Imew where he could get some “pot.” They advised him they did not know right away, but they knew someone who could get him some. The two persons went outside and returned to the bar in a few minutes. Officer Johnson then asked them “what had happened,” and they said “there was no happenings.” Shortly thereafter defendant entered the bar and appeared to have a conversation with Connie and Felix. As Officer Johnson was leaving the bar, defendant called him over and asked if he still wanted some “tea.” Officer Johnson replied, “Yes.” The officer then asked defendant, “What have you got?” Defendant replied, “I can get you a half a can of tea for $8.00; wait here until I get back.” Defendant disappeared and shortly thereafter returned and told Officer Johnson to follow him. Officer Johnson followed him to a yard at 514 S. Crocker Street where defendant handed Officer Johnson a paper containing a green leafy substance, and Officer Johnson handed defendant $8.00 in currency. Defendant then asked Officer Johnson, “Do you want some brown paper to roll it with?” Officer Johnson indicated he did and the two of them then walked to a liquor store on the corner of Fifth and Crocker and purchased some brown bootstraw paper in which to roll the substance defendant had delivered to him.

People v. Lewis

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JEFFERSON, J.

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