People v. White

KINGSLEY, J.

Defendant was indicted for a violation of section 11501 of the Health and Safety Code (sale of narcotics); two prior felony convictions were alleged in the indictment. After a mistrial was declared, defendant was again brought to trial before a jury, which returned a verdict of conviction. Defendant admitted one of the alleged priors and the allegation as to the second was stricken. A motion for new trial was denied, probation was denied and defendant was sentenced to prison for the term prescribed by law.

Defendant was represented in the trial court by the public defender; he appealed in propria persona and, at his request, we appointed counsel for him in this court. Appointed counsel has filed a brief, setting out the evidence in the case, the proceedings below, and the points urged by defendant and developed by such counsel. His brief concludes with the opinion that, in the light of the record and certain authorities hereinafter considered, the appeal has no legal merit. In this state of the ease, the Attorney General moved to dismiss the appeal as “sham, frivolous and lacking in appellate objective.” As we have done in similar cases,

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we denied the

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motion to dismiss, indicating that we preferred to consider the case and dispose of it on the merits and in the light of onr own examination of the transcripts and the authorities.

After such consideration, we have concluded that the judgment must be affirmed.

I

There is clearly no merit in the contention that the verdict was not supported by the evidence. The police officer involved unqualifiedly identified defendant as the person who had approached him, offered to sell narcotics and, on acceptance of the offer, led the officer to the place where three capsules of heroin were concealed and there exchanged the narcotics for the agreed price. Defendant denied the transaction, saying he had never met the officer and “thought” he had been in county jail on the date involved. The jury believed the officer; the verdict was proper.

II