People v. Sateriale

FILES, P. J.

Defendant was charged with three counts: Count I—sale of heroin on November 8, 1964 (Health & Saf. Code, § 11501); count II—sale of heroin on December 2, 1964; count III—sale of marijuana on December 14, 1964 (Health & Saf. Code, §11531).

By stipulation, trial by jury was waived and the case was submitted to the court on the preliminary transcript. The court found defendant guilty on count I, and dismissed the

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other two counts “in the interests of justice.’’ Defendant was sentenced to state prison. He appeals from the judgment.

Jesse Lee Thomas, who was employed by Deputy Sheriff Landry as an undercover man, testified that on November 8, 1964, he paid defendant $300 and received a package of white powder. On December 2 he again met defendant and gave him $300 for another package. On December 14 he met defendant and gave him $500 for a bag of marijuana. It was stipulated that a forensic chemist would testify that the first package contained one ounce of powder, 34 percent heroin; the second package contained 18 grams of 30 percent heroin, and the third bag contained about 10 pounds of marijuana.

Deputy Landry, who had searched Thomas prior to each meeting with defendant, and who had kept Thomas under surveillance most of the time, corroborated Thomas’ testimony in substantial respects.

No evidence was offered on behalf of defendant.

There is no merit in defendant’s argument here that he was entrapped. There is no entrapment in the legal sense when the intent to commit the crime originates in the mind of the defendant and the police do no more than give him an opportunity to prove his criminal predisposition.

(People

v.

Braddock,

41 Cal.2d 794, 802 [264 P.2d 521].)

Neither is there any merit in defendant’s contention that the trial court abused its discretion in refusing to adjourn the criminal action so that civil proceedings could be instituted under the narcotics rehabilitation law. When defendant was arraigned for judgment, the record shows this: