People v. Melgoza

SHINN, P. J.

Ruben Joe Melgoza was accused by amended indictment of two offenses of the sale of heroin, with prior convictions of violation of the narcotic laws, and the alteration of post office money orders for which offenses he had served

[601]

prison terms. In a nonjury trial in which he was represented by counsel, Melgoza was convicted of both offenses and was sentenced to state prison. The prior convictions were proved and shown in the judgment. Defendant appeals from the judgment in propria persona.

Upon his application for appointment of counsel on the appeal the matter was referred to the Los Angeles Bar Association Committee on Criminal Appeals. A report was received from a member of the committee stating that the appeal appeared to be without merit and the court having examined the record denied the application for reasons hereinafter appearing. Defendant has filed an opening and a reply brief.

There was evidence of the following facts. February 4, 1959, defendant sold to Deputy Sheriff Renteria of Los Angeles County a gram of heroin for which he was paid $20. On the following day he sold Deputy Renteria nine capsules of heroin for which he was paid $20. The first transaction took place at the home of defendant where he was living with his mother and two sisters; the second sale took place at another location to which the deputy and defendant had driven from defendant’s home. Deputy Sheriff Stoops with a partner was parked near defendant’s home on February 5th and Stoops testified he saw Renteria contact defendant, saw them drive away together and saw Renteria emerging from an alley behind defendant’s home some time later. On the stand defendant denied that he had contacted Renteria or sold him any heroin. Two sisters of defendant testified that on the 4th and 5th of February they were at their mother’s home where defendant also was living and that they did not see Renteria at the house on either of those days.

Renteria testified that he was introduced to defendant by one Philbert C. Rivera, an ex-convict. Rivera, called as a witness for defendant, testified that he had introduced Renteria to defendant. Upon cross-examination he admitted that in a conversation in the jail when confronted by defendant and his counsel he had denied having made the introduction but that he had made that statement only because he did not want to make any trouble.