People v. Salazar

SHOEMAKER, J.

Defendants Salazar and Romero appeal from a conviction of selling narcotics in violation of section 11501 of the Health and Safety Code, and from an order denying them a new trial.

The record shows that at 6 p. m. on March 9, 1961, Officers

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Willis and Ewing of the San Jose Police Department met Albert Garcia, an employee of the department, and that Willis gave Garcia $40 with which he was to attempt to purchase heroin; that the three men went to the San Jose Nalline testing center, where Garcia had been enrolled as an addict. Garcia drove to the center in his car, and the two officers followed in another car. Garcia entered the center and there met defendant Prank Salazar. Garcia told him that he wanted to buy a gram of heroin, and asked the defendant to “score” for him. Salazar replied that he would and instructed Garcia to pick it up at his house.

Garcia then left and drove to a prearranged spot where he met with Officers Willis and Ewing, and State Narcotic Agent Murphy. After Willis had searched Garcia’s person, clothing and car, Ewing concealed himself in the trunk of Garcia’s car, which Garcia then drove to Salazar’s house. After several attempts to find Salazar, and at approximately 9:25 p. m., Garcia arrived at the defendant’s house for the third time and parked his car. Willis and Murphy parked approximately 30 feet behind Garcia’s car. In about 15 minutes defendant Helen Romero drove up and blinked her headlights in Garcia’s direction, who got out of his car and went to her automobile. Garcia asked her where defendant Salazar was, and she replied that he was in the house and would be out in a minute. Whereupon, he got into the Romero car to wait, and he asked her if Salazar would get him a gram, and she replied that it was up to Salazar. Defendant Salazar then came out and Garcia again asked him if he would “score” for him. Defendant Salazar replied that he would, and Garcia gave him the $40. Garcia suggested that they go in his car, hut defendant Salazar declined and stated that he would go in Helen’s car. Defendant Salazar then got behind the wheel of Helen’s ear and the two of them drove away.

An hour and 45 minutes later, the defendants drove past Garcia’s parked car, and defendant Salazar signaled Garcia to follow him. After driving a few blocks, defendant Salazar stopped the car and Garcia emerged from his car and walked over toward the defendants. Salazar handed Garcia five bindles of heroin. Although Garcia insisted that he was entitled to ten bindles for his $40, defendant Romero informed him that they had used some themselves and had given some to another fellow, and that was all there was. She also stated that it was “real good stuff.”