People v. Serrano

FOX, P. J.

The defendants, Juan and Jesus Serrano, were convicted on three counts of selling heroin in violation of section 11500 of the Health and Safety Code. Defendant Jesus made a motion for a new trial on counts 1 and 2. His motion was denied. He has appealed from the judgment and from the order denying his motion.

In seeking a reversal, Jesus contends (1) that the officers entrapped him; and (2) that there was insufficient corroboration of the testimony of his asserted accomplice, Juan.

The evidence reveals that in April, 1959, Manuel R. Flores was employed as a narcotics inspector for the State. He contacted Juan in the afternoon of April 10th at 613 So. Ditman Street, in Los Angeles. Flores was in plain clothes. Upon getting acquainted with Juan, they visited for about an hour on the front porch at Juan’s invitation. Flores represented that he had just been released from the penitentiary. They discussed, among other things, Flores’ supposed criminal record. Juan asked to see some identification, whereupon Flores showed him his driver’s license and a draft card. Juan asked him how much money he had, to which Flores replied that he had $200 with him. When Juan asked what he wanted, Flores told him that before he left the penitentiary another inmate had “told me to look you up,” that “ [you] would help me. ’ ’ Juan stated that he understood what Flores wanted but that he was not a peddler; but added that he knew a friend who was, and that he would call his friend and see whether he could help him. They went into the house, where

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Juan made a telephone call. Flores heard Juan say, “Do you have any stuff with you.” and then later say, “$200.00.” Thereupon Juan stated that they would be there in about 10 minutes. Juan then told Flores that his friend had heroin to sell. Whereupon Flores said to Juan, “I don’t want you to do this just as a favor. If you are not a peddler, I don’t want you to sell me anything because if you get caught this is a pretty serious offense ...” Juan replied: “Well, you don’t have to worry about that. I might be just as big a peddler as you are or probably bigger.” The two men entered Juan’s automobile and drove to the vicinity of 3418 East Sixth Street. While en route Flores inquired whether he was getting close to one-quarter of an ounce. Juan stated that he did not understand that kind of weight, but did tell him that he was getting three and a half spoons and that he should be able to get from 32 to 34 capsules out of each spoon. When they stopped, Juan stated that he was going to pick up the stuff and that he would be back in a few minutes. Upon his return after a very brief absence he informed Flores that he had the stuff with him. They drove to the vicinity of Whittier Boulevard and Chicago Street where Juan parked behind a service station and asked for the money. Flores gave him $200 and received a package in return, which proved to be heroin. Juan inquired when Flores would return, and was told that he would be back next Tuesday, Wednesday, or for sure Friday.