People v. Granados

GRIFFIN, P. J.

Defendant-appellant, aged 19, was charged in a grand jury indictment, in count one, with unlawful possession of marijuana, in violation of Health and Safety Code, section 11530; in count two, with unlawful possession of heroin, in violation of Health and Safety Code, section 11500; in count three, with murder of Larry Cortez, aged 19, in violation of Penal Code, section 187; and in count four, with unlawful sale of a narcotic to a minor, in violation of

[394]

Health and Safety Code, section 11502.1. Alfredo Piceno and Prank Moran were charged jointly with Granados in the original indictment with the crime of murder, accessory to the crime of murder, and sale of a narcotic. Apparently these latter two defendants turned state’s evidence and a plea of guilty to the charge of accessory after the crime of murder was entered by them. An amended indictment was filed against defendant Granados alone on the original charges and he was found guilty by a jury on each count. On the murder count, the degree was fixed as murder in the second degree. Defendant appealed from the judgment and order denying a new trial. Since the order is not appealable, the appeal from the order should be dismissed.

(People

v.

Uppers,

205 Cal.App.2d 727 [23 Cal.Rptr. 222].)

This appeal concerns only the conviction on the murder count and the conviction on the count charging sale of a narcotic to a minor. Defendant’s sole contention on this appeal is that there was insufficient corroboration of the testimony of accomplices on these two counts. He relies upon such cases as

People

v.

Thurmond,

170 Cal.App.2d 121 [338 P.2d 472];

People

v.

Toney,

192 Cal.App.2d 711 [13 Cal.Rptr. 756];