People v. Williams

SHINN, P. J.

Silas Williams was charged in an information with the crime of having a narcotic in his possession.

[727]

He was also charged with seven prior felony convictions. He pleaded not guilty, denied the priors and waived a jury trial. It was stipulated by counsel that the case of the People was submitted on the arrest report and that the statements in the report should be given the force and effect of testimony given by authors of the report. Each side reserved the right to offer additional evidence. The People offered none; defendant gave his own testimony. Records of defendant’s prior convictions were received.

Williams was found guilty and the allegation of the seven priors was found to be true. Probation was denied and defendant was sentenced to the state prison. In propria persona he noticed an appeal from the judgment and an order denying his motion for a new trial. There was no motion for a new trial.

In the police report there were statements of the following facts. Officers Higgins and Waugh observed defendant in a 1954 Dodge go through a boulevard stop. The officers were forced to apply their brakes violently to avoid a collision. They pursued defendant, using their red lights and repeatedly blowing their horn. Williams failed to stop for approximately one block. During the time the officers were pursuing him, they observed him leaning over and apparently placing something under the passenger’s seat. Defendant stopped his ear out in the street, away from the curb; he alighted and walked back toward the officers. There was no odor of alcohol on him. When asked if he had been drinking he answered in the negative. The officers then asked him: “Well, what’s wrong? Do you use Narcotics? Are you a Hype?” Williams stated: “Yes, I’m a hype. I don’t have any marks. I horn through my nose.” Defendant was given a traffic citation. The report says: “Deft was placed under arrest with the above charge. Officer Waugh then went to the frt seat of Deft’s vehicle and under a plastic mat on the rt/side removed a wht paper envelope folded and held with a rubber band.” It contained six white-wrapped paper bindles, each containing heroin. Defendant stated: “I just picked those papers up from a guy over on Adams and Central. I don’t know his name. I’ve been using Narcotics for 16 or 17 yrs. I’ve never been arrested. I have about a 15 or 20 dollar a day habit. ...”