People v. Sanchez

191 Cal.App.2d 783 (1961) THE PEOPLE, Respondent,

v.

FRANK MICA SANCHEZ, Appellant.

Crim. No. 7315. California Court of Appeals. Second Dist., Div. One.

May 4, 1961. Frank Mica Sanchez, in pro. per., for Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Felice R. Cutler, Deputy Attorney General, for Respondent.

LILLIE, J.

The trial court found defendant guilty of possession of heroin. The following facts appear from the testimony of James J. Barry, a state narcotic agent: Around 6:45 p. m. Agent Barry, his partner and Sergeant Caskey of the Los Angeles Police Department, Bureau of Narcotics, were conducting a narcotic investigation on the premises of a hotel located at 92 North Broadway, Los Angeles. They were on the second floor in the office of the manager when they saw defendant, whom Agent Barry knew by description and nickname, and another person walking along the landing carrying groceries. As the officers emerged from the office they confronted the two and identified themselves; Agent Barry asked defendant his name; he did not ask him to stop but defendant did so. He said his name was Frank Sanchez, known as "Kiko," and answered a series of questions asked by Agent Barry--whether he had ever been arrested, to which he replied, "Yes," for "narcotics," if he was using narcotics, to which he said, "Yes," and if he had any on his person, to which defendant answered, "No." Then Agent Barry asked defendant "if he minded if he searched his person"; defendant stated, "No," whereupon the agent put his hand in defendant's trouser pocket and felt some balloons; he said to defendant, "Before I remove my hand, how many are there?"; defendant answered, "About five or six"; the agent took therefrom six balloons containing heroin. He also searched defendant's other front pocket and removed a brown bag; defendant said, "That is just milk sugar," but upon opening the bag he found two cigarette packages containing heroin; he questioned defendant about them and asked him if there were about 2 ounces there and he said, "Yes." At that time he told defendant, "You understand that you are now under arrest"; he replied, "Yes, I do." Agent Barry then asked [786] him if he had anything further in his room; defendant replied, "No, that is all there is. You can go ahead and search the room if you want." They all went up to room 23; defendant turned the key over to the agent who opened the door. A search disclosed narcotic paraphernalia--measuring spoons and two hypodermic outfits--and a white paper packet containing heroin. When asked about the bindle, defendant said, "I'd forgotten about that."