People v. Rosales

JEFFERSON, J.

By indictment, defendants were charged, in four counts, with unlawfully selling narcotics in violation of section 11501 of the Health and Safety Code. In count one defendants were jointly charged with the unlawful sale of narcotics on January 3, 1962. In count two defendant Rosales (originally charged as Gilbert Rodriquez), was separately charged with a violation of section 11501 on January

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5, 1962. In counts three and four defendant Roybal was separately charged with two violations of section 11501, which allegedly occurred on January 29 and February 6, 1962, respectively. Defendants were jointly tried by the court sitting without a jury and found guilty as to each count of the lesser and necessarily included offense of possession of narcotics in violation of Health and Safety Code section 11500. Probation was denied as to each defendant and each was sentenced to the state prison for the term prescribed by law, the sentences on each count to run concurrently. Defendants appeal from the judgments of conviction.

A summary of the evidence is as follows:

On January 3, 1962, undercover Narcotics Officer Allen, in the company of two police informers, observed defendants at the intersection of Whittier and Ditman streets in the County of Los Angeles. After a short conversation between defendants and the two informers, one of the informers told Officer Allen, “They are going to score for us.” (To “score” in narcotic jargon means to secure or purchase narcotics.) Defendants and the two informers then got into the officer’s car and defendant Roybal directed the officer to drive to another location. There, Officer Allen gave Roybal a $20 bill, defendants left the ear, returning in a few moments. When Officer Allen inquired of defendant Roybal, “Where’s the stuff?” Roybal replied, “Rosales has got the stuff.” (“Stuff” in narcotics parlance means narcotics.) Defendant Rosales then handed a balloon (which was later determined to contain heroin) to one of the informers, who in' turn, passed it to the officer. This evidence formed the basis for the convictions on count one.

As to count two, which charged only Rosales, the evidence established that on January 5, 1962, Officer Allen, again in the company of the two informers, met defendant Rosales. The officer told Rosales, “I want to score a gram.” Allen gave Rosales $20 and the latter directed the officer to drive to Fiekett and Boulder Streets. Defendant then left the officer, returning in approximately five minutes. He passed Allen a small orange balloon (which contained narcotics).