People v. Baca

HERNDON, J.

After a non jury trial, appellants June Baca and Alvin Sanchez were convicted of possession of heroin, in violation of section 11500, Health and Safety Code. As to appellant Sanchez, the charge of a prior felony conviction for a violation of the same statute was found to be true.

Appealing from the judgments of conviction, appellants advance as their sole ground of appeal the contention that the incriminating evidence against them was seized by police officers after an unlawful entry into an apartment occupied by appellants, and that the trial court erred in overruling their objection to the admission of such evidence.

[393]

Police Officers Pesler and Dorrell were employed by the police department of the City of Los Angeles and were assigned to the narcotics division. On December 21, 1960, Officers Fesler and Dorrell met appellants on Temple Street in said city and had conversations with them concerning the subject of narcotics. In the first of these conversations, both appellants being present, Sanchez told the officers that approximately a month previously he had been released from prison after serving a term for a narcotics offense. He said that he was not using narcotics yet, but that he had had one “fix.” He said that he was living with his mother at an address on South Figueroa Street, which he gave to the officers. Appellant Baca stated that she was living with Sanchez. At that time Officer Fesler, an expert in determining whether marks were made by narcotic injections, examined both appellants for narcotic injection marks. He found marks on Miss Baca’s arms, indicating that she was at that time currently using narcotics.

In a separate conversation with appellant Baca, she told the officers that Sanchez was dealing in narcotics, and that his connection was in Bast Los Angeles in the vicinity of Atlantic and Whittier Boulevards. She said that she would try to help the officers in catching Sanchez and his connection. She told the officers the kind of ear used by Sanchez in the transportation of narcotics, but that she did not know the license number of the car. She said that she would get it and give it to them by telephone, and that, if possible, she would get in touch with them the next time Sanchez went to buy narcotics.

Between December 21, 1960, and January 3, 1961, Officer Fesler received two telephone calls from appellant Baca. In the first call she indicated that something had gone wrong with the deal, and that they hadn’t gone to “score.” In a later call, she said that she and Sanchez had met a peddler in Pasadena where they had gone to buy narcotics.