People v. Morris

HERNDON, J.

Defendant herein appeals from the judgment of conviction entered after a jury trial in which he was found guilty of selling marijuana in violation of section 11531 of the Health and Safety Code and of possessing marijuana in violation of section 11530 of said code. Appellant admitted a prior conviction of possession of marijuana.

In conformity with the holding in

Douglas

v.

California,

372 U.S. 353 [83 S.Ct. 814, 9 L.Ed.2d 811], counsel was appointed to represent appellant on this appeal. Counsel thus appointed has demonstrated his clear appreciation of his responsibility as an advocate for the accused by filing a brief on appellant’s behalf which accurately summarizes the relevant facts revealed by the record and which correctly states the principles of applicable law. Counsel, after carefully examining the matter, has demonstrated his commendable determination to maintain the integrity of his profession by advising this court that he has been unable to find any error in the proceedings.

The record reveals that Officer Savage, a Los Angeles County deputy sheriff, testified that on August 20, 1962, he

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and a named informant visited appellant at Ms residence and purchased five marijuana cigarettes and four “rolls” of nembutal capsules. Prior to departing, the officer asked appellant to get him a larger quantity of marijuana. Appellant replied that possibly he could and suggested that the officer return on the following day.

However, when the officer returned the following day, appellant met him at the back door of appellant’s residence, stated that he did not have the requested narcotics, that he couldn’t get them and that he was going out of business temporarily because it was “getting too hot” for him and he was afraid the “heat” was watching him. Appellant promised the officer that he would notify the informant when he resumed Ms operations.

Upon receiving this information, Officer Savage signaled to other officers who were maintaining surveillance of the proceedings. As the other officers ran toward the building, Officer Savage saw appellant glance in their direction and then start to close the door. He shouted that he was a police officer and that appellant was under arrest. The approaching officers also called out their identity. Appellant, however, succeeded in slamming and locking the door. The officers immediately forced entry and after a brief struggle succeeded in effecting appellant’s arrest. The premises were then searched and a marijuana cigarette butt was found in an ash tray on a dresser in the rear bedroom.