People v. Blackshear

KINGSLEY, J.

Defendant was charged with the sale of heroin in violation of section 11501 of the Health and Safety Code. Defendant appeared, the public defender was appointed, defendant was arraigned, and the matter was continued. Defendant appeared with counsel and entered a plea of not guilty. Trial by jury was had, a verdict of guilty was returned, a probation report was ordered and the matter continued twice. A motion for a new trial was denied, probation was denied, and defendant was sentenced to state prison for the term prescribed by law. Defendant appealed.

On December 5, 1966, Officer Bohana, a police officer for the City of Los Angeles was working as an undercover officer. The officer had been a police officer for about a month and a half. Officer Bohana and Wellman Richards, Jr., an informant, drove to 6th and Stanford Streets where the officer had previously purchased narcotics. Before leaving their vehicle, the officer gave the informant a $10 bill. The officer approached a group of men standing on a comer, the informant approached defendant and, after a brief conversation, the officer observed their hands meet in what he assumed to be an exchange. Officer Bohana was standing about 2 feet from the informant and 3 feet from defendant. The officer and Richards then returned to the vehicle. The informant was in the unobstructed view of the officer except when they entered the vehicle from opposite sides.

After entering the vehicle Richards handed Bohana a red balloon which was small, tightly wrapped, and it contained a small round object. It was stipulated that the balloon contained heroin and the balloon and its contents were admitted into evidence.

On cross-examination, Officer Bohana testified that he learned defendant’s name by identifying his picture while looking through mug shots. On redirect examination, he testified that he identified this picture approximately two weeks after the sale while looking through pictures of known narcotic users and pedlers.

Defendant was arrested January 19th, within a few blocks of the place where the sale was made on December 5th. At the time of the arrest defendant was wearing a sweater, a long

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coat, and the same green cap which he had worn on the day of the sale. After viewing defendant in court, Officer Bohana testified that he was positive defendant was the man who dealt with Richards on December 5th. Bohana testified that defendant was wearing similar clothing on the day of the sale.