People v. Rivera

JEFFERSON, J.

Appellant was arrested on the 12th or 13th of March, 1961, following an indictment by the grand jury. He was tried by jury and a verdict was returned against him for violation of section 11501, Health and Safety Code, selling, furnishing and giving away heroin, a narcotic. Motion for a new trial was denied, probation was denied and defendant was sentenced to the state prison for the term prescribed by law.

Defendant appeals in propria persona from the judgment of conviction and the order denying his motion for a new trial.

A résumé of the evidence is as follows: On May 13, 1960, Officer Robert S. Nieto of the Los Angeles Police Department was working undercover through the Narcotics Division. His assignment entailed trying to make purchases from various narcotic peddlers. At approximately 1:50 p. m. on May 13, Officer Nieto was seated at a juice bar with one Eddie Rodriguez, which juice bar was located in a market at 317 South Broadway. Rodriguez said, “Here comes Loco” and waved to defendant who came over and asked in Spanish if they wanted to “connect.” Officer Nieto testified the term “eon-nectar” is the Spanish term meaning making a transaction with someone for narcotics. Officer Nieto said, “I want a half.” Defendant replied “At the toilet.” Officer Nieto further testified he is of Spanish extraction and spoke Spanish, that “half” refers to a half gram which amounts to five “caps.” He testified further that he went to the rear exit with defendant which led to the alley, continued westbound between two buildings in the alley, and emerged on Hill Street. They then proceeded to the southwest corner of First and Hill where Alberto’s bar was located. Defendant looked inside, came back to Nieto and said, “Give me the money.” Officer Nieto handed him two five-dollar bills. Defendant said “Let’s go,” and they proceeded into the bar. Defendant went to a male person and handed him the two five-dollar bills.

[841]

The other person (John Doe No. 7) walked toward the restroom and defendant said to Officer Nieto “Let’s go” and they followed the person into the restroom. Defendant and Nieto were in the portion of the restroom where the wash basin was located, and the other person was in the portion where the toilet was. This person passed between defendant and Officer Nieto and handed the officer a red balloon which he had removed from his mouth. Officer Nieto pretended to put the balloon into his mouth but instead placed it in his pocket. He then went to Central Division, Narcotics Division. He opened the red balloon and found it contained five gelatin capsules which held a white powdery substance later established to be heroin.