People v. Jones

FOURT, J.

Theoplis Danny Jones appeals from his conviction by the court, sitting without a jury, of the possession of heroin for sale (Health & Saf. Code, § 11500.5) with a prior conviction of automobile theft (Veh. Code, § 10851).

By stipulation the case was submitted on the transcript of the preliminary hearing supplemented by the testimony of the defendant and his wife, Janice Jones. The defendant originally pleaded not guilty and denied the prior conviction, but he later admitted the prior. The court, upon receiving, and evaluating the evidence, found the defendant guilty, denied probation and sentenced him to the state prison for the term prescribed by law.

. The only issue raised on this appeal is whether the evidence is sufficient to sustain the conviction. Appellant’s contention that the evidence is insufficient is without merit.

The record discloses the following facts: William Miller, a state narcotics agent qualified as an expert in narcotics cases, at 4 a.m. on August 31, 1967, parked and was waiting in his car across the street from a single family residence at 1386 West 30th Street in Los Angeles. Jones came out of the house, walked over to the car and addressed Miller, and was questioned by Miller as to whether he could obtain an ounce of heroin. Jones said it would be possible for him to make the purchase, but he wanted to know how much Miller was willing to spend and said that the price ranged from $200 to $800 per ounce depending upon the quality. He then told Miller to come back at about noon that same day and he returned to the house.

Miller did not return to that address again until September 13, 1967. At about 3 a.m. on that date Miller was admitted to the house with a search warrant. Jones’ wife, his child, and two other men were present at that time. Miller discovered during his search of the premises 22 multicolored balloons containing heroin which were in a wash basin at the back of the house. In the kitchen he found gelatin capsules and the tops of the balloons. Knowing that heroin is fre

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quently packaged for sale in Los Angeles in balloons with the tops cut off, Miller deduced that the heroin was possessed for purposes of sale. He also found in the course of his search three weapons. Jones, who was last seen at that address by Miller when he made arrangements to purchase heroin in August, was not present, nor did he return to the house before Miller left at about 6 a.m. He was arrested about a month later.