People v. Baca

KINGSLEY, J.

Defendant was arrested as a fugitive and for possession of heroin for sale. A preliminary examination

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was held; an information was filed accusing defendant of violating 11500.5 of the Health and Safety Code; a motion under Penal Code section 995 was made and denied; defendant pled not guilty. Defendant personally, and all counsel, waived a jury trial and the cause was submitted on the testimony contained in transcripts of the proceedings at. the preliminary hearing, together with exhibits there received. Defendant was found guilty; motion for new trial was argued and denied; probation was denied; defendant was sentenced for the term prescribed by law. Defendant appeals.

State Narcotics Agent Manuel Diaz received information from the fugitive detail of the Los Angeles sheriff’s office that defendant failed to appear in a superior court trial and that a warrant had been issued for her arrest. Agent Diaz also had personal knowledge that defendant failed to appear and that a bench warrant was issued. He also received information from a woman named Terry Camarado that defendant moved from Stillwell’s Motel to a friend’s residence at 2707 Pomeroy, apartment number 18.

Sergeant Sanchez and MeCarville, together with Agent Diaz, went to the new address, talked to the manager, went to apartment 18, knocked on the door, and heard noises but no answer. The agent got the key from the manager and Sergeant Sanchez and MeCarville entered with the key.

Agent Diaz testified as to the circumstances of the ensuing arrest and search as follows: “I proceeded to the bathroom and behind a door in the bathroom I observed the defendant. I immediately placed the defendant under arrest as a fugitive. I told her to come out from behind the door. I then went behind the door, and on the floor I observed a piece of paper containing numerous white objects. I examined the objects, and they contained 11 condoms, each containing a white powder resembling heroin. I then arrested the defendant for possession of heroin with intent to sell, advised her of her constitutional rights; she had a right to an attorney, a right to remain silent, and anything she said could be used against her, and I asked her if she understood, and she said, ‘Yes.’ ”