People v. Cruz

[85]

FOX, P. J.

Appellant and one Sarah Cruz were indicted for selling heroin. A jury found him guilty. He has appealed from the judgment and sentence and the order denying a new trial.

In the late afternoon of June 26, 1958, Officer Ortiz, of the Los Angeles Police Department, who was posing as a narcotics dealer, drove to the home of Mrs. Cruz, in company with Eddie Rodriguez, a police contact. Upon picking up Mrs. Cruz, they drove to the intersection of Mission Road and Maey Street, in Los Angeles, where Mrs. Cruz left the car for a brief period and returned with appellant. They both entered the car and appellant directed Ortiz to take the freeway. During the drive Ortiz asked appellant if the stuff could be cut again, i.e., mixed with something else. Appellant replied that he did not know, that the stuff had already been cut once. With appellant directing the way, Ortiz turned off the freeway and continued to Valley Boulevard. In the meantime appellant told Mrs. Cruz to have Ortiz “count out the bread” (meaning money). Thereupon, Ortiz handed Mrs. Cruz $275. She, in turn, handed it to appellant, who counted it. Appellant left the car on Valley Boulevard and told the occupants to meet Mm at Atlantic and Valley in about half an hour. Ortiz observed appellant enter a drug store. At approximately 7:20 p.m. Ortiz saw appellant across the street from where he had parked. He whistled at appellant, who signaled for Mm to wait. A few minutes later appellant approached the car and stated that he had to hide the stuff because he saw a cop drive by. Mrs. Cruz got out of the car and told Ortiz that she and appellant would meet him in a few minutes in front of a nearby gas station. Ortiz waited at the designated place until Mrs. Cruz called to him. She gave him two paper towels in which was a rubber container with a white powdery substance in it that proved to be heroin.

Mrs. Cruz pleaded guilty to selling narcotics. She insisted that appellant was an innocent bystander whose only interest was to get a ride to the other side of the city. Mrs. Cruz testified that she received the $275 from Rodriguez and not from Ortiz. She also stated that she put the money in her purse and did not give it to appellant. She did say that appellant left the Ortiz car on Valley Boulevard, but this was for the purpose of calling a cab to take them on to their destination. She claimed that she, alone, had gotten the heroin from a hiding place among some weeds on a vacant lot.