People v. Blackmon

with possession of marijuana (Health & Saf. Code, § 11530.). He pleaded not guilty. A motion to suppress evidence under Penal Code section 1538.5 was made and submitted upon the transcript of the preliminary examination and denied. It was then stipulated that the case would be tried before the court sitting without a jury, on the preliminary transcript and other evidence. The People’s case in chief was submitted upon the transcript, which contained only the testimony of Officer Barcott. Defendant testified on his own behalf, and Officer Quinonez testified in rebuttal. The court found defendant

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guilty as charged, suspended proceedings and placed him on probation. This appeal is from the order granting probation, which is deemed a judgment for this purpose.

Officer Bareott testified in substance as follows:

At about 1:45 a.m. on May 18, 1968, he and his partner, Officer Quinonez, in uniform, were on patrol. They had been informed by some men “in the area of Anaheim and Lewis” streets, who had been witnesses in a murder case, that ‘ ‘ some male Negro subjects from Los Angeles were mad at these people and they were going to come down that evening to harass them or whatever they could do.” As they passed that intersection in a patrol car the officers saw standing on the comer three male Negroes whom the officers did not recognize. While ■ seated in the vehicle one of the officers asked the men where they were from. Two said they were from Los Angeles and one said Long Beach. The officers then stepped out of their vehicle.

As they walked towards the men Officer Bareott saw defendant drop a bundle of four handrolled cigarettes wrapped in a rubber band. He pointed this out to Officer Quinonez, who picked up the bundle. The cigarettes appeared to the officers to contain marijuana.

Officer Bareott testified that his purpose in stepping out of the vehicle was “to talk to the subjects to- see what their business was in the area. ’ ’

When on cross-examination he was asked why, the officer said “To find out exactly where they lived in L.Á. in case something should occur later on in the evening. While we had a description of these fellows, we would have their name, address, etcetera. ’ ’

It was stipulated that a criminalist Would testify that the substance in the cigarettes was marijuana.