People v. Gonzalez

PEEK, J.

Defendant was tried by a jury and found guilty of three violations of section 11500 of the Health and Safety Code, sale of narcotics. Judgment was entered accordingly, and he now appeals.

Henry Lopez, an undercover agent for the California Bureau of Narcotics Enforcement, testified that on October 23, 1958, he and another agent, Stanley Bessara, were seated in a café on 4th Street in Sacramento. Defendant approached and, in Spanish, asked Bessara in the presence of Lopez if he wanted some “stuff.” Bessara replied: “We want some stuff, we want a spoon.” “Stuff” and “spoon” are colloquial terms for narcotics and a unit of measure thereof. The three men left the café and entered a State car being used by Lopez, and, following defendant’s directions, drove across the Capitol Avenue Bridge into Yolo County where they stopped at a point near the bank of the Sacramento River. Defendant then asked Lopez and Bessara: “Do you want one or two [spoons] ?” to which Lopez responded, “We have enough money for just one.” Lopez then handed defendant $50 of State money, the going price of a spoon of heroin. Defend

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ant left the car and walked down to the river. He returned in about 10 minutes and handed Lopez a small yellow balloon containing a substance later identified as heroin. The three men returned to downtown Sacramento where defendant left the car.

A substantially similar transaction took place the following day, October 24. Lopez and Bessara met defendant near 4th and “K” Streets in the late afternoon. Defendant asked if Lopez wanted “some stuff.’’ Lopez answered, “later,” and defendant left. Lopez and Bessara encountered defendant again that afternoon, at which time defendant asked if they had an “outfit” meaning the articles by which heroin is injected. Lopez replied in the negative. Defendant then asked, “How much do you want?” Lopez answered, “The same.” After a few minutes defendant returned, and Lopez again gave him $50. Defendant and another person then drove off in the same direction as the day before, with Lopez and Bessara following in the State car. As on the day before, they crossed Capitol Avenue Bridge into Yolo County and turned right on the road by the river. Defendant and his companion told Lopez and Bessara to stop and wait. He then drove off, returned in about 15 minutes and gave Lopez a green balloon containing heroin.