People v. Anguiano

VALLES, J.

In a nonjury trial defendant was convicted of driving a vehicle upon a highway while addicted to the use of narcotic drugs. (Veh. Code, § 23105.) He was sentenced to state prison. He appeals from the judgment.

About 11:15 a. m. on November 8, 1960, Deputy Sheriff Burke, on routine patrol, saw defendant driving a new 1961 Pontiac easterly on Florence Avenue in Los Angeles County. Phillip Perry was sitting to the right of defendant. The car had a temporary license plate on the back. Burke testified: ‘ ‘ It struck me funny, his youth, his companion’s youth. ’ ’ He took defendant to be “16,17, 18.” Burke followed the Pontiac through three or four intersections. At every intersection defendant came “almost” to a complete stop. He put his hand

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out as “a slow motion, that he was slowing down.” The speed limit in the area was 25 miles an hour. Defendant drove between 10 and 15 miles an hour. He made a left turn into Crockett Street, going very slowly.

Burke “pulled” defendant over with his red lights “to check out the vehicle and the occupants. ’ ’ Burke testified his reason for “pulling” defendant over was, “I did not believe that he was in possession of the vehicle lawfully. ... I pulled him over because I thought it was a possible grand theft automobile. Q. And that was because of the combination of his apparent youthfulness and the fact he was in a new fairly expensive automobile, is that correct? A. His youth, and his driving habits, the manner that he was driving the automobile. Q. Now, you have indicated here that he was, number one, driving slowly, perhaps 10 to 15 miles an hour; and, two, that in going down this side street he pulled almost to a complete stop at each intersection, is that correct, sir? A. That is correct, sir.”

After defendant stopped Burke asked him if it was his ear and to produce his driver’s license. Defendant said it was not his car and he did not have a driver’s license. Perry produced a driver’s license and said the car was his. Burke told defendant and Perry to be seated in the car, Perry behind the wheel and defendant on the passenger side.

Burke returned to his car and radioed the sheriff’s department for a check of possible outstanding warrants. He learned there were four or five charges against defendant relating to different violations of the Vehicle Code. He then informed defendant of this fact, placed him under arrest, took him to a sheriff’s substation, and booked him. Perry was told “he was free to go.”