People v. Hawkins

KAUFMAN, P. J.—

Defendant, Harry H. Hawkins, appeals in propria persona from a judgment of conviction entered on a jury verdict finding him guilty of the possession of marijuana, in violation of section 11530 of the Health and Safety Code, and the sale of marijuana, in violation of section 11531 of the Health and Safety Code. While defendant does not challenge the sufficiency of the evidence to sustain the verdict, he contends that: (1) he was induced to make the sale by a police informer and, therefore, entrapped; (2) the evidence used to convict him was obtained by an unlawful search and seizure. There is no merit in either of these contentions.

Viewing the record in the light most favorable to the People,' as we are bound to do following a guilty verdict

(People

v.

Caritativo,

46 Cal.2d 68, 70 [292 P.2d 513]), it appears that on January 7, 1961, several police officers of the Narcotics Detail of the San Francisco Police Department, met with an informer named Williams, equipped him with a radio transmitter, strip-searched him, and provided him with $50 in currency, which was marked and dusted with fluorescent powder. The serial numbers of the bills were also recorded. Williams, followed by the officers in another car, drove to 1025 Steiner Street and entered an apartment building. The officers listened to the transmitter and heard Williams ask for “Henry” and then enter an apartment. Further conversation was drowned out by loud music. Fifteen minutes later, Williams reappeared without the $50 and a paper bag containing marijuana.

Immediately thereafter, the officers entered the building and

[671]

went to apartment number 5. They knocked on the door. The codefendant, George Eckert, answered the door. The officers identified themselves and the purpose of their investigation. They entered the room in which a hi-fi set was playing. The appellant and a man named Seseher who had entered the apartment a few seconds before the officers, were present. When Officer Fogarty asked the appellant his name and began to search him, the appellant voluntarily emptied his pockets which contained $85 in currency, $50 of which was the marked currency which had been previously given to Williams. Officer Fogarty arrested the appellant for the sale of narcotics while the others searched the apartment which consisted of a living room, walk-in closet and a small kitchen.