People v. Glaser

KINGSLEY, J.

Defendant was accused of violating section 11531 of the Health and Safety Code by selling, furnishing or giving away marijuana. On defendant’s motion a pretrial discovery hearing was held and, once the informant’s identity was learned, the matter was continued so the informant could be located. Defendant’s motion to appear in propria persona was denied and his petition for a writ of habeas corpus was denied. The matter was called for trial, defendant

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moved that the public defender be relieved and private counsel be appointed, or that he be allowed to proceed in propria persona. Defendant did not have funds to hire a private attorney. The court denied the motion, finding defendant not qualified to conduct his own defense.

The trial resumed, defendant’s motion that the public defender be relieved was reviewed and denied. Defendant was found guilty by the jury. The court denied defendant’s motion for a new trial, his petition for a writ of habeas corpus, his motion that the offense be reduced to a lesser offense and his application for probation. Defendant was sentenced to prison for the term prescribed by law.

Defendant appeals from the judgment and order denying his motion for new trial.

1

At the Glendale Police Department, on September 20, 1966, undercover Narcotic Agent Rhyn Tryal contacted Larry Grooms, an informant. At about 6 :30 p.m. the next day the agent and Grooms went to defendant’s apartment, where Mr. Grooms introduced Agent Tryal as his cousin. Defendant said, “Youse got me at the wrong time. If you want to do business, that is.” The agent said, “How’s that?” and defendant said, “Well, I only have a couple of cans left.” The agent asked how much he was getting for a can and defendant said between $10 and $12 but that he would let him have one for $10. The agent asked where the “stuff” was and defendant said, “Just a minute,” and left the room. Defendant appeared with a sandwich bag containing a green leafy substance which he handed to the agent, and Tryal gave the defendant $10. Agent Tryal formed the opinion that the bag contained marijuana. The agent and Grooms left and met with the surveilling officers at the Glendale Police Department. It was stipulated that the green substance was marijuana. Defendant contended in his defense that the substance in the bag belonged to Grooms and that he was holding it for Grooms so that Groom’s wife would not know he had it. Defendant said he offered the $10 to Grooms, but Grooms said to keep it as part of the money he owed him.