People v. Heredia

CHRISTIAN, J.

Defendant appeals from a judgment of conviction of conspiracy to commit violations of the narcotics laws. Appellant was jointly charged with a number of codefendants. He was found guilty, in a nonjury trial, on a single count of the information which charged conspiracy to violate Health and Safety Code, section 11501 (sale or furnishing of narcotics), and Health and Safety Code, section 11912 (sale or furnishing of dangerous drugs). On appeal it is contended that the evidence was not sufficient to support the finding of guilt and that the court erred in rejecting testimony as to the results of a search which the police made of appellant's home after he was arrested.

On September 20, 1965, Deputy Moreno of the narcotic detail of the Los Angeles sheriff’s department was conducting undercover investigations in collaboration with an informer named Sam Wright. Deputy Moreno, dressed in plain clothes, met the informer at a Long Beach hotel during the evening and was introduced by him to Stillwell, who was later charged as appellant’s coconspirator. The informer asked Stillwell if he had any ‘ ‘ whites. ’’

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Stillwell said he had none but offered

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to get some the next night. After Stillwell made a telephone call, apparently to confirm the availability of a supply, there was brief haggling followed by agreement that the price would be $50 for 1,000 tablets.

The next evening Deputy Moreno, having made arrangements for surveillance of the anticipated transaction by other officers, met Stillwell and the informer. Stillwell received $50 in recorded currency and then pointed out as the "connection” defendant Arellanes who was standing nearby. Stillwell approached Arellanes, who then entered an automobile. Still-well asked Arellanes to get some heroin for him, in addition to the "whites” he was to get for Deputy Moreno.

Deputy Moreno and the informer also went over to the car. The deputy complained that he should not have to trust Arellanes to complete the transaction, and Arellanes therefore allowed him to come along. Arellanes stopped several times to make telephone calls, but finally proceeded to a point in East Los Angeles where he left the car, walked around the corner out of sight, and returned in approximately five minutes with a small paper "bindle” of heroin which he kept for later delivery to Stillwell.