People v. Ruiz

JEFFERSON, J.

An indictment filed by the grand jury of Los Angeles County charged defendant with the sale of heroin in violation of section 11501 of Health and Safety Code in two counts. Defendant pleaded not guilty. Trial was by the court, trial by jury having been duly waived by defendant personally and all counsel. Defendant was found guilty as charged in Counts I and II. A probation report was ordered, and probation was denied. Defendant was sentenced to the state prison for the term prescribed by law, the sentences as to Counts I and II to run concurrently with each other.

William Arthur J ones, a police officer for the City of Los Angeles, assigned to the narcotics division as an undercover agent, testified he met defendant in the vicinity of Market and Ocean Front Walkway in Yeniee. It was the first time the officer had met defendant, whom he then knew only as “Eddie.” Officer Jones asked defendant if he could “score some heavy stuff” for him. The officer testified he was familiar with the language used by persons using and dealing in narcotics, and in narcotics jargon this indicated the officer wanted to buy heroin. Defendant asked the undercover agent what he wanted, and the officer said, “Two caps.” Defendant then asked, “Do you have the bread?” (“Bread’’ referring in narcotics jargon to money.) The officer gave defendant $6.00.

Defendant told Officer Jones to walk to Brooks and Pacific and wait on the corner. While the officer waited there, he saw defendant and several other persons driving by on Brooks Avenue. Someone in the car shouted to the officer to cross the street and wait in a telephone booth. While waiting in the telephone booth, the officer observed defendant enter a house at 809% Pacific Avenue. Defendant soon emerged from the house and walked west on Brooks Avenue until he was out of sight. In a few minutes, defendant returned with a male Mexican, who was then unknown to the officer but was later identified as Alex Soto, Defendant entered the telephone

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booth and took from his mouth a cellophane wrapped bindle which contained a whitish-brown substance, and handed it to Officer Jones along with $3.00. After defendant asked what he would get out of the transaction, the officer handed him a dollar bill. During this time, the person known as Alex Soto remained outside the telephone booth. Officer Jones took the bindle to the Police Administration Building where it was marked and sealed. The contents were booked at the central property division. At the trial it was stipulated that the bindle contained heroin.