People v. Cervantes

GRIFFIN, P. J.

Defendant appeals from judgment of conviction entered upon a jury verdict finding him guilty of an unlawful sale of a narcotic and of unlawful possession of a narcotic, each offense in violation of section 11500 of the Health and Safety Code. Defendant was also charged-with a prior conviction of a violation of the same code section, which charge he admitted.

The evidence revealed that George Alarcon, an undercover investigator for the Bureau of Narcotic Enforcement, was conducting an investigation of the narcotic traffic in Kings County. In the latter part of November 1958, Mr. Alarcon was introduced to the defendant and attempted to purchase marijuana from him. On December 5, 1958, Benito Rubio and Alarcon met the defendant at the latter’s home. On this occasion, the defendant sold Alarcon three marijuana cigarettes and the defendant stated that he expected another supply of narcotics in a few days and that he would make some of this supply available to Alarcon when it arrived.

On the next afternoon, officers of the Kings County Sheriff’s Department and the State Bureau of Narcotic Enforcement turned four five-dollar bills coated with a phosphorescent powder over to Alarcon to enable him to make the purchase

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of marijuana from the defendant. The purchase could not be made on that day, but on December 9, 1958, the bills were returned to Alarcon and on that date he was able to effect a purchase of 19 grams of marijuana from the defendant. Rubio acted as intermediary in this purchase and he was observed by Alarcon to meet with the defendant and leave the meeting with the bag of marijuana in his hand. Alarcon informed the officers with whom he was working that this purchase had been made. They determined to arrest the defendant at his home in Corcoran on that same evening and obtained a search warrant authorizing them.to search defendant’s home. It was arranged for Alarcon to precede the party of officers to the defendant’s home, determine if the latter was at home, and inform the officers of this fact by means of a prearranged signal. The defendant was at home. The signal was given and the officers converged on the scene and arrested him. A search of defendant’s home revealed no evidence which was used in the case, but a quantity of marijuana was discovered in a hole in the ground to the rear of the house a few feet from the place defendant was standing when he was arrested. A search of defendant’s person revealed that his wallet contained three five-dollar bills having the same serial numbers as those previously given by the officers to Alarcon, and a test with ultraviolet light revealed that these bills had been coated with a phosphorescent substance. Traces of a similar substance were found on the front of defendant’s coat and on his right thumb and forefinger. At the time, defendant could not explain where he had obtained these bills, nor could he explain how they came to be coated with the phosphorescent powder.