People v. Head

JEFFERSON, J.

The Los Angeles County Grand Jury returned a secret indictment on February 20, 1961, in which defendant Donald R. Head was charged in Count I with a violation of section 11501 of the Health and Safety Code, selling and furnishing a narcotic, heroin. Defendants Head, Ernest C. Madrano and Richard A. Padilla (John Doe “Danny”) were charged in Count II with a violation of the same section, selling and furnishing a narcotic, heroin. The indictment was subsequently amended to show defendant Padilla’s true name. The indictment was again amended to charge two prior felony convictions against defendant Head and was further amended to charge a prior misdemeanor narcotic conviction against Padilla.

Defendants pleaded not guilty. Trial was by the court, trial by jury having been duly waived by defendant and all counsel. Each defendant and all counsel waived trial by jury on the issue of the determination of truth or falsity of the priors as alleged in the indictment.

Defendant Head was found guilty as charged in Counts I and II.

Defendant Padilla was found guilty as charged in Count II. The court made no findings on the priors. Probation was denied as to each defendant. Motions for new trial were denied. Defendant Head was sentenced to state prison for the term prescribed by law on each count and, absent an order making them run consecutively, it will be presumed the court intended that they run concurrently. Defendant Padilla was sentenced to state prison for the term prescribed by law.

Defendant Head applied to this court for appointment of counsel to assist him on appeal. This court, having made an independent investigation of the record and having determined that it would be neither advantageous to defendant nor

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helpful to this court to have counsel appointed, denied the application whereupon defendant prosecutes this appeal in propria persona. Defendant Head has filed, and the court has considered, both an opening and reply brief.

James R. Martin testified that he was an undercover officer for the narcotic division of the Los Angeles Police Department. At approximately 11 a. m. on January 19, 1961, he saw defendant Head walking down Broadway between 5th and 6th Streets in the City of Los Angeles. He called to defendant Head who got into his car. They picked up another person and they drove to 4th and Los Angeles Streets. Defendant Head said to the officer, “There’s Johnny. Give me your bread.” He gave defendant two $5.00 bills. Defendant got out of the officer’s car and got into Johnny’s ear. Defendant told the officer to drive around the block twice and then pick him up. The officer followed these directions. Defendant re-entered the officer’s car and stated: “Let’s get out of here. Those guys are hot.” The officer asked defendant, “Did you get the gram?” Defendant replied, “Yes, I tried to get it for $8 but he wouldn’t go, so I gave him $20.” The officer then asked for his half and the defendant removed a pink balloon from his mouth and handed it to the officer.