People v. Lewis

JEFFERSON, J.

The Los Angeles County Grand Jury returned a secret indictment on November 29, 1961, in which defendant was charged with a violation of section 11500 of the Health and Safety Code, selling and furnishing a narcotic, heroin. The indictment was amended to show defendant’s true name. Defendant pleaded not guilty. Trial was by the court, jury having been duly waived by defendant and all counsel. Defendant was found guilty as charged. Motion for new trial was denied. Probation was denied and defendant was sentenced to state prison for the term prescribed by law. Defendant filed his notice of appeal in propria persona. Thereafter, he made a motion in this court to have counsel appointed to represent him on this appeal. This court granted the motion and counsel was appointed to represent defendant on appeal.

Jerry Chavous testified he was assigned to the narcotics division of the City of Los Angeles as an undercover agent. On August 4, 1961, he was in the company of an informant by the name of Ollie May; he saw defendant at the corner of 5th and Sanford Streets, Los Angeles. The informant left him and walked over to the corner to talk to defendant. After the conversation, informant returned to the narcotics officer and defendant left the corner and walked down the street. Later, the officer and informant entered the Morris Hotel. A few moments later defendant came into the hotel and walked to the rear of the lobby near some phone booths. The informant and the narcotics officer walked to the back of the lobby where defendant was standing. The narcotics officer was about ten paces away while informant and defendant engaged in conversation. The informant returned to the officer and instructed him to give defendant some money. The officer handed defendant $15. Defendant handed a package in a cellophane wrapper to the informant who handed it to the officer.

It was stipulated that this package contained five capsules of heroin.

Defendant was not arrested until December 11, but the officer testified he had observed defendant on several occasions between August 4 (date of the buy) and December 11 (date of the arrest). The officer was asked at the trial, “Now, by looking at this defendant, is there any question in your mind

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at all that this is the same defendant—the same person you saw on August 4?” He answered: “No, sir, there .is no doubt.” Further, on redirect examination the officer testified he had seen defendant almost every day after August 4 during the four-month period while working in that area.