People v. Gonzales

LILLIE, J.

Gonzales and codefendant Telles were charged with two counts of selling heroin in violation of section 11501,

[245]

Health and Safety Code. The matter was submitted to the court on the transcript of the preliminary hearing. Pound guilty of the offenses charged, Gonzales appeals.

The transcript of the preliminary hearing contains the testimony of two state narcotic agents and a chemist. Agent Robert A. Bark testified to the following. On August 8, 1960, around 10 a. m. he telephoned codefendant Telles who told him that if he would pick him up in 20 minutes they could go down to his “connection” and make a purchase of narcotics. Upon meeting, Telles directed Bark to a location on Vermont near Manchester where they parked; Telles left Bark’s car and was gone approximately five minutes. When Telles returned to the vehicle he told Bark that his man had not yet shown up; as they waited Bark gave Telles $250 in marked bills. When a yellow Studebaker appeared, Telles referring to it, said; “Here is the man now.” He then left Bark’s vehicle and disappeared into a clothing store. Defendant Gonzales was driving the yellow Studebaker. He parked it and walked across the street proceeding until he was opposite Bark’s ear; as defendant approached it he appeared to look inside. He then turned and walked south on Vermont crossing the intersection to a clothing store into which Telles had already gone; he seemed to hesitate at the entrance of the store and then continued walking south on Vermont until he was out of sight. In five or ten minutes Telles returned to Bark and handed him a rubber balloon containing heroin. .

Agent Bark further testified that on August 11 around 10 a. m. he again telephoned Telles and asked if it would be possible to purchase “two pieces” of heroin; Telles said it could be made for he had already talked to his “connection” and that Bark should pick him up in about 20 minutes. At the direction of Telles, Bark drove him south to 109th Street on Vermont at which place Bark gave him $500 previously marked with fluorescent powder. Telles told him to wait until he was seen in the alley; Bark waited approximately 10 to 15 minutes until he saw

Telles

walking in the alley between 109th and 110th Streets. Bark drove into the alley and received from Telles two ounces of heroin; Telles told Bark he would return to town with someone else but in a few minutes he was arrested by other state agents.