People v. Lovio

SHINN, P. J.

In a court trial appellant was found guilty of possessing heroin and was sentenced to the state prison. The sentence was suspended and appellant was placed on probation for five years, on condition he spend the first year in the county jail. Appellant appeals from the judgment and the order denying the motion for a new trial.

The matter was submitted upon the transcript of the preliminary hearing and further evidence to be offered at the trial. It was stipulated that any objection to evidence made at the preliminary hearing be deemed reentered for the trial.

There was evidence of the following facts. Prior to November 11,1959, Officer Sanchez had seen appellant on several occasions. On about three occasions the appellant had been seen in the company of a known narcotics dealer. Officer

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Sanchez had in the past received information from Agent Burke and Inspector Newland of the State Bureau of Narcotics and from Sergeant Gilliam of the Hollenbeck station. This information was relative to appellant and one Rudy Martinez.

On November 6, 1959, and November 9, 1959, Officer Sanchez spoke with an anonymous informant by phone. From this informant it was learned that Rudy Martinez was dealing narcotics out of 1103 South Indiana. The informant further stated that appellant was Martinez’s source of supply; that appellant would drive to the alley, blow his horn two times, and Martinez would come to appellant’s car and pick up the narcotics which Martinez would later “deal” to narcotic addicts who came to the house to “connect.” The informant also stated that appellant would deliver the narcotics in a 1959 Impala Chevrolet that was light tan in color, and that this was appellant’s only car.

On November 11, 1959, Officer Sanchez was in the vicinity of 1107 South Indiana with Officers Planks and McCarville. They watched several persons enter Martinez’s premises and observed what appeared to be transactions with Martinez. After apprehending one Verioz who had just left Martinez’s place they observed that he put an object in his mouth. In an ensuing conversation Verioz told Officer Sanchez that he had just swallowed two capsules of heroin and that he had gotten them from a “Rudy down on Indiana.”