People v. Ferguson

FOURT, J.

This is an appeal from a judgment of conviction of selling marijuana.

In an information filed in Los Angeles on June 2, 1966, Ferguson was charged in count I with selling marijuana on February 28, 1966, in count II with selling marijuana on March 9, 1966, in count III with selling marijuana on April 15, 1966, and in count IV he was charged with codefendant Joan Reeves with possessing marijuana on April 15, 1966. Subsequently the charge against Reeves was dismissed. Defendant pleaded not guilty and in a nonjury trial he was f ound guilty as charged in counts I, II, and III and not guilty as charged in count IV. At the time of sentence, proceedings were suspended and defendant was placed on probation for five years, a part of the terms being that he spend the first six months in the county jail, that he not use or possess narcotics or narcotics paraphernalia, that he not associate with narcotics users or sellers and that he obey all laws, orders, rules and regulations of the probation department of the court. Defendant filed a timely notice of appeal. Pursuant to rule 12(a) of Rules of Court the original file in the superior court proceeding is transmitted to this court.

A résumé of some of the facts is as follows: On or about February 28, 1966, Deputy Sheriff Burkett, working as an undercover officer, at about 4:35 p.m. in the company of William Cadoo, went to defendant’s house in Woodland Hills, a high-income-residential area. There Cadoo introduced defendant to Officer Burkett. Defendant said, “What can I do for you?” and Cadoo and Officer Burkett each stated that they would like a “can.” Defendant left the room and returned with two wax paper bags under his shirt. Officer Burkett handed defendant $10 and Cadoo did likewise. The $10 Cadoo had was previously handed to him by Officer Burkett. Defendant handed to Officer Burkett and Cadoo each a wax paper bag containing marijuana. Officer Burkett talked with defendant about the purchase of a kilo of marijuana and defendant responded that he could not get Officer Burkett -a kilo but possibly could get a half-pound in a short time.

On March 9, 1966, at about 7:20 p.m. Officer Burkett and Cadoo again went to defendant’s house and were admitted by Joan Reeves who apparently was living with defendant at the house. In about five minutes, defendant entered the house.

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