People v. Escoto

VALLÉE, J.

By indictment, defendant was accused of illegally selling heroin on February 17, 1959. By information, he was accused of illegally possessing heroin on March 5, 1959. The actions were consolidated for trial. A jury returned verdicts finding defendant guilty as charged. A motion for a new trial in each action was denied. In each action judgment was pronounced sentencing defendant to state prison, the sentences to run concurrently. Defendant appealed from the judgments. The causes are here on a consolidated record and will be disposed of in one opinion.

The Charge in the Indictment

About 11 a.m. on February 17, 1959, Deputy Sheriff Trujillo, in civilian clothes, saw defendant on Bonnie Beach Street in Los Angeles. The officer was accompanied by a male of Mexican descent who had called him at a sheriff’s station. They were in an automobile. They parked in front of defendant and he went up to the car. Trujillo asked defendant if he had any “stuff,” which meant heroin. Defendant said lie did not have any with him at the time, but half an ounce would be delivered to him about 1:30 or so that afternoon; he would be on the boulevard and if Trujillo had $20 he would get a gram from Eddie. Trujillo agreed. Defendant got in Trujillo’s ear and sat in the rear seat. He told the officer to drive to Record Street, which he did. When they arrived there they parked in front of 1024 South Record

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Street. Trujillo then gave defendant $20. Defendant left the car, walked north on Record, and met a male of Mexican descent. A conversation ensued, and defendant and the other person exchanged something. The other person turned and walked away. Defendant returned to the officer’s ear and told him to return to Bonnie Beach Street.

When they arrived at Bonnie Beach, defendant got out and handed the officer a balloon containing nine capsules of heroin. Defendant said he would have his own “stuff” later in the afternoon, to return and he would give him a good deal on a few grams.

Defendant first claims he was denied a fair trial by reason of the nondisclosure of the person of Mexican descent who accompanied Officer Trujillo. On cross-examination the officer testified: the man “had some sort of levi pants”; he had not used the man before; he knew his first name—it was Richard —he did not know his last name or where he lived; he did not know and had no means of determining where the man could be located; the man was “5-7,” about 24 years old, had black hair, brown eyes, weighed about 135 pounds; he did not know where he “hangs out” or could be reached.