People v. Vejar

FOURT, J.

This is an appeal from a judgment of conviction of furnishing heroin.

[693]

In an information filed in Los Angeles County on July 17, 1962, appellant with two eodefendants was charged with furnishing heroin on June 7, 1962. Appellant was also charged with two prior convictions, each of which involved illegal narcotics. Bach defendant pleaded not guilty and the prior convictions were denied. In a nonjury trial appellant was found guilty and the prior convictions were found to be true.

A résumé of some of the facts is as follows: On June 7, 1962, Glen Ridgway met and talked with officers Renteria and Iavelli at the Bast Los Angeles Sheriff’s station. Ridgway was searched and found to have no narcotics in his possession. He was handed two $5.00 bills by the officers with which he was to attempt to make a purchase of narcotics. Ridgway got into his ear and started toward the house of a person known as Phil. The officers followed in their car. Upon arriving in the neighborhood of Phil’s residence, Ridgway met Vejar, the appellant herein, and inquired of Mm whether he had seen Phil. Vejar told Ridgway that he had not seen Phil for two weeks or so and Vejar further inquired of Ridgway as to where he was going. Ridgway indicated to Vejar that he was looking for Phil so that he could purchase some narcotics from him and asked Vejar if he, Vejar, could purchase narcotics and the answer was in the affirmative. Vejar got into Ridgway’s automobile and they drove to Phil’s house where Ridgway ascertained that Phil was not at home. Vejar directed Ridgway at that time to drive to a point on Downey Road. When they arrived at the designated location, Vejar asked for the money from Ridgway with which to purchase the heroin and Ridgway handed the money to him. Vejar then got out of Ridgway’s car, absented himself for a few minutes, then returned with information to the effect that he could not make a purchase of narcotics at that point. Vejar thereupon directed Ridgway to a point on Floral Drive and upon seeing a parked car with Vejar’s eodefendants in it, Vejar called upon Ridgway to stop the Ridgway vehicle. Vejar said in effect that he could purchase narcotics from the persons in the parked automobile. Vejar got out of the Ridgway car .and walked back to the codefendants ’ parked car, then returned to Ridgway’s car and told Ridgway in effect that the purchase was to be made. Ridgway was then directed by Vejar to turn his car around and did so. Vejar sat in the Ridgway car for approximately 10 minutes where: upon the codefendants’ car pulled up alongside the Ridgway