People v. Gonzales

PIERCE, J.

Defendant appeals from a judgment upon a jury’s verdict of guilty of violation of Health and Safety Code section 11500 (possession of heroin).

Douglas C. Busath, Esq., this court’s appointed attorney for appellant (at latter’s request) after a study of the record filed a letter with this court, dated July 11, 1961, finding no error, excepting two instances of possible misconduct of the district attorney, noted below. We have examined the record, consider the instances of error cited insubstantial (and appellant’s counsel does not strenuously contend otherwise), find no other error, find further that appellant had a fair trial, find that his guilt has been proven beyond reasonable doubt and that there has been no miscarriage of justice within the meaning of article VI, section 4%, of the California Constitution.

The relevant facts follow: On June 15, 1960, a search for narcotics was made of the cell at Folsom State Prison occupied by appellant and another prisoner, and seven capsules of a substance later identified as heroin were found in the pocket of a shirt belonging to appellant. Two prison officials then interviewed appellant who freely admitted the capsules were his, that they contained heroin and that they were part of 30 capsules he had brought into the prison upon his incarceration five days before. He said they had been secreted in a rectal rubber “finger stall.”

Appellant, a witness on his own behalf, admitted the confession, but testified it was untrue. He produced a fellow inmate who “confessed” he was the owner of the heroin which he claimed to have cached in the pocket of a shirt

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selected at random from a pile of shirts in the clothing room 8 months before appellant’s arrival at the prison. It would have required great credulity to believe this story which was rebutted by testimony establishing with some certainty that the shirts issued to appellant could not have come from the claimed pile.

It is unnecessary to recount the evidence in greater detail. The jury concluded that appellant had truthfully told the prison officials that the capsules of heroin were his and that the defense was a fabrication. Rationally it could not have concluded otherwise.