People v. Jones

TAYLOR, J.

On this appeal by defendant, J. L. Jones, from a judgment of conviction entered on a jury verdict finding him guilty of furnishing marijuana to a minor (Health & Saf. Code, § 11532), the only question is whether the tape recording of a telephone conversation between defendant and the minor was admitted in violation of the rule announced in

People

v.

Dorado,

62 Cal.2d 338 [42 Cal.Rptr. 169, 398 P.2d 361],

Since no contentions are raised concerning the sufficiency of the evidence, a brief review of the pertinent facts will suffice. On October 13, 1964, defendant’s sister-in-law, Mrs. Rodriguez, entered the locked bedroom of her 16-year-old son Richard. In making up the bed, Mrs. Rodriguez discovered some loose marijuana together with cigarette papers in a box under the mattress. She put these items in a paper bag and then searched the room. Among Richard’s personal effects in a cardboard box in the closet, Mrs. Rodriguez found several small newspaper-wrapped packages and she placed these in another paper hag. When Richard discovered that his mother had found the marijuana, he asked her not to think that the

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marijuana belonged to bis uncle, the defendant. She kept the marijuana hidden until a few days later when she reported the matter to Richard’s juvenile probation officer who, in turn, contacted the narcotic investigators of the San Jose Police Department.

On October 16, 1964, Officer Ewing of the San Jose Police Department went to the Rodriguez home and received the two paper bags containing the items Mrs. Rodriguez had found in Richard’s room. Subsequent examination in the crime laboratory conclusively established that the material was marijuana. On October 20, 1964, Officer Ewing returned to the Rodriguez home to take Richard into custody. Richard was taken to juvenile hall where he volunteered the fact that defendant had furnished him the marijuana. The next day, Richard again told Officer Ewing that he had received the marijuana from defendant.

Officer Ewing obtained defendant’s telephone number from Mrs. Rodriguez and on November 3 and 4 placed telephone calls to defendant and recorded the conversations between Richard and defendant, with Richard’s consent. The recording of the second of these conversations was admitted into evidence, played for the jury, and constitutes the basis for defendant’s claim of prejudicial error on appeal.