People v. Prescott

JEFFERSON, J.

Defendant was tried by a jury and found guilty of two narcotics offenses, selling heroin (Health & Saf. Code, § 11501) and possessing it for purpose of sale (Health & Saf. Code, §11500.5). The court denied a motion for new trial but reduced each offense to the lesser included offense of simple possession of narcotics (Health & Saf. Code, § 11500). Probation was denied and defendant was sentenced to prison. He appeals, contending the evidence is insufficient to support the judgment.

These facts were adduced: Working in an undercover capacity, Deputy Sheriff Rodriguez made the acquaintance of one Carlos Armijo and arranged to buy heroin from him. At about 11:30 a.m. on February 26, 1965, Rodriguez and another individual were picked up by Armijo and driven to the intersection of 102d Street and Doty Avenue. Armijo parked the car and Rodriguez passed him $50 of county-advanced funds. He took the money and walked west on 102d Street. Rodriguez and the individual with him remained in the ear. Deputy Seriven, who had been following Armijo’s car, kept Armijo under observation until he reached the 3800 block. Sergeant Elliott was staked-out on 102d Street in the 3800 block. He saw Armijo cross the street and proceed up a flight of stairs in an apartment building at 3821 West 102d Street. Elliott changed his vantage point, moving closer to the apartment building. He then observed defendant come out of apartment 6 at the top of the same stairs he had seen Armijo climbing about three minutes before. Defendant walked across the street and entered another apartment building, at 3818 West 102d Street. A few minutes later defendant walked back across to apartment 6. Almost immediately after defendant entered, the officer saw Armijo come out of apartment 6. Armijo proceeded back to the car in which Rodriguez was waiting. He handed Rodriguez a paper bindle which contained heroin.

On the evening of March 5, 1965, Deputy Sheriffs Morales and Berman went with several other officers to the apartment building at 3818 West 102d Street. They had a warrant to search apartment 7 at that location. The door of the apartment was opened to the officers by a Miss Essary. Inside defendant was observed seated in the dining area. Besides

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defendant and Miss Essary, three other individuals were in the apartment. The search undertaken by the officers turned up 10 bindies of heroin in the bedroom dresser. Defendant was living with Miss Essary in the apartment. He was living there under the name Billy Essary. He did not appear to be a narcotics user.