People v. DeLosa

KAUFMAN, P. J.

Defendant appeals from a judgment entered on a jury verdict finding him guilty of the sale of narcotics in violation of section 11500 of the Health and Safety Code. On appeal, it is argued that the defendant was denied a fair trial because of an alleged delay in the disclosure of the name of the informer-participant, and the trial court’s refusal to grant a continuance due to the illness of the deputy public defender regularly handling the case. There is no merit in either of these contentions.

As the facts are not in issue, a brief summary will suffice. About 10 a. m. on February 14,1958, Federal Narcotics Agent, John Lee, searched the informer, one John Glass. The two men drove to Burke’s Drive-In at Market and Church Streets in San Francisco, then to 831-14th Street, and then returned to the drive-in. About 10 :55 a. m., the defendant appeared in a 1957 Ford Thunderbird and approached the Glass automobile. Glass introduced Agent Lee as “Johnny from

[683]

Hawaii. ’ ’ After some negotiations, Agent Lee handed the defendant $40 and the defendant told them to await delivery of the stuff at his apartment at 831-14th Street. About 11:50 a. m., the defendant arrived at the apartment and handed Mr. Glass a bindle of heroin, which Mr. Glass handed to Agent Lee.

The first contention on appeal is that the appellant was prejudiced by the long delay in the disclosure of the name of the informant. As indicated above, the transaction occurred on February 14, 1958; the indictment was filed on March 13, 1958. The defendant was arrested some time between March 13 and March 19, the date of his arraignment. After the arraignment, the cause was continued by consent to March 21, 1958. On that date, the defendant moved for an order to have the prosecution furnish him with the name of the informant before trial. The matter was continued until March 26 for a hearing on the motion. On that date, his motion was denied and the matter continued to April 10 for the plea.

Thereafter, the defendant petitioned this court for a writ. By consent, 19 continuances were granted pending the determination of the petition for a writ. The writ was granted on December 10, 1958

(DeLosa