People v. Lyles

260 Cal.App.2d 62 (1968) THE PEOPLE, Plaintiff and Respondent,

v.

JAMES LEE LYLES, Defendant and Appellant.

Crim. No. 13522. California Court of Appeals. Second Dist., Div. One.

Mar. 13, 1968. Worrell & Niles and Claude Vibart Worrell, Sr., for Defendant and Appellant.

Thomas C. Lynch, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Plaintiff and Respondent.

LILLIE, J.

Charged by indictment with possession of heroin for sale ( 11500.5, Health & Saf. Code) and possession of marijuana for sale ( 11530.5, Health & Saf. Code), defendant was found guilty and sentenced to the state prison. He appeals from the judgment and order denying motion for a new trial. The appeal from the order is dismissed.

On April 3, 1966, Lapriel Alyett, the manager of an apartment house at 4620 Coliseum Drive, rented apartment 204 to defendant whom she knew as Jose Rodriguez, for which he gave her a deposit; on April 9, 1966, he paid the rent for the balance of the month and on May 7, 1966, he paid another month's rent to Mrs. Urban, assistant manager, who issued the receipt to "Jose Rodriguez." Almost every day Mrs. Alyett saw defendant come and go from apartment 204.

Officer White had made an investigation concerning the utilities in apartment 204 and learned that the telephone was registered to defendant. Around 12:16 a.m. on June 1, 1966, the officer was near the front of 4620 Coliseum Drive when he saw one Haley, a narcotic drug addict free on bail on a charge of selling heroin, arrive at the address in a white Oldsmobile station wagon; Haley remained in the car. Then he observed defendant in the company of a woman approach Coliseum Drive in a late model Pontiac and stop half a block from [64] Haley's automobile. Defendant got out of his car, walked up to the Oldsmobile and opened the door; Officers White and Sanderson then approached him. Officer White asked defendant for identification and his purpose for being in that neighborhood; defendant gave him an out-of-state license in his name and said he lived at 118th Place. Officer White asked him if he had anything to do with or if he lived in apartment 204 at 4620 Coliseum Drive in front of which they were standing; defendant said he was on his way to see a girl in Hollywood, he lived at 118th Place and he had nothing to do with apartment 204. Then Officer White asked if he had any objection to a search of apartment 204 and defendant replied, "I have no objection. I have nothing to do with apartment 204." The officers and defendant went to the manager's apartment and knocked; Officer White asked her if she knew defendant and she replied, "Yes, that is Mr. Rodriguez, he lives in apartment 204." The officer then turned to defendant, who was standing near him, and informed him that the manager had identified him as the person renting and living in apartment 204, and asked him again if he had any objection to a search of the apartment; defendant said that he did not live there and did not care what they did to the apartment. Then four officers, including White and Sanderson, defendant and the manager went to 204; the manager provided the key and Officer Garrahan unlocked the door.