People v. Lara

Defendant was convicted of two counts of selling heroin (§ 11501, Health Saf. Code) and a third count with codefendant Mendoza. He appeals from judgment of conviction.

In May 1964, Officer Foresta, Narcotics Division, was introduced by his superior officer to Dave; he did not then know Dave's address or his last name. Later meetings with Dave were always prearranged. Subsequently he learned "his possible full name" to be David Rodriguez; the officer described him as "a male Mexican, approximately 28, five eleven, 150, black hair, brown eyes."

Around 4:15 p.m. on June 15, 1964, in an unmarked police vehicle, Foresta, an undercover narcotics officer, accompanied by Dave, drove to Garrett and Blanchard Streets where Dave pointed out defendant who was standing on the corner; they stopped within 5 or 6 feet of defendant and Dave motioned for him to come over next to the passenger side; Dave asked defendant if he had any "smack" [heroin]; defendant said he did but that he had it loose and would have to cap it, and to return in 20 minutes. The officer waited in the vicinity for approximately 45 minutes, saw defendant on a nearby street corner, approached him and asked him if he had the "smack"; defendant replied affirmatively and asked the officer for money; the officer gave him $10 for which he received from defendant four capsules of heroin. *Page 602

During the next several weeks the officer saw defendant several times and even talked with him briefly. On June 24, 1964, around 1:30 p.m., again in the company of Dave, he met defendant at the corner of Herbert and Hummel Streets; Dave asked defendant if he had any "smack"; defendant said he didn't, but could get some and asked how much the officer wanted; told a half a gram, defendant said he knew where he could get it. Dave got out of the vehicle and defendant got in; defendant directed the officer to Whittier and Arizona Streets and told him to park, asked for the money, which the officer gave him ($10), got out of the car, walked a short distance and approached Mendoza; defendant and Mendoza had a short conversation and walked back to and got in the officer's vehicle; defendant told him that Mendoza would get the "smack"; Mendoza directed the officer to another area, told him to wait in the car, asked for the money which defendant handed to him ($10), departed, returned 20 minutes later, got into the vehicle and handed defendant a newspaper bindle containing three capsules of heroin; defendant gave the officer the bindle; the officer returned Mendoza and defendant to their respective locations.

On July 3, 1964, around 12 o'clock noon, Officer Foresta saw defendant at Hummel and Gage and asked him if he had any "smack"; defendant said he did not but he could get some on Arizona Street; defendant got into the car and directed him and asked him how much he wanted; the officer said half a gram; defendant asked for the money and the officer gave him $10; defendant departed and returned in about 10 minutes; he said he had not been able to get a full half gram but did obtain three capsules which he gave to the officer with two one-dollar bills.