People v. Murray

FOX, P. J.

Defendant was convicted of the charge of possession of marijuana (Health & Saf. Code, § 11530). He has appealed from the judgment (order granting probation) and sentence.

On March 2, 1962, at approximately 10:10 p.m., Officer A. L. Allen of the North Hollywood division of the Los Angeles Police Department, observed defendant going towards the rear of a laundromat at Magnolia and Cartwright. He was not carrying any clothes but did have a brown paper bag. As there had been numerous burglaries of laundromats in the area, the officer decided to investigate. He parked and entered the laundromat but no one appeared to be in it. He went to the rear where there was a men’s restroom, tried the door and found it locked. At this point a male voice from inside said, “Just a moment.” The officer then heard the toilet flush. Officer Allen went outside of the laundromat and peered through the window into the restroom, which was lighted. The window had had paint on it but there were numerous places where the paint had worn off and the window could be seen through. These various unobstructed spots on the window were probably 2 inches in diameter. It was

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not necessary for the officer to stand on anything to look through these various spots. When the officer first observed defendant in the washroom he was facing the officer. He had in his arm a brown paper bag and in his hands a wax cellophane bag which was open. Defendant was looking in the latter bag. The officer could see into the bag and observed a leafy substance which in his opinion was marijuana.

The officer came back inside the laundromat and kicked in the door, at which time he observed defendant bending over a wastebasket in the corner. He recovered a cigarette from defendant’s lips or mouth, then went through the wastebasket and recovered a brown paper bag that appeared to be the one he had previously observed defendant carrying. The cigarette and the paper bag both contained marijuana. The ■ officer thereupon arrested defendant.

Officer Gastaldo had a conversation with defendant. Officer Allen stated to defendant that Officer Gastaldo had related this conversation to him. Officer Allen stated that Officer Gastaldo had informed him that defendant had said: “. . .‘A chick gave me a number to call if I wanted some stuff.’ He stated, ‘I called this number this night and I told the fellow I wanted three sacks. He stated that it would cost me $15 per sack and I drove to Burbank and Coldwater Canyon where we made the switch. ’ Further he stated he asked this person if the stuff was good. He stated at this time that the fellow told him that, ‘Here is a cigarette; you smoke it and try it.’ He stated. ‘I was smoking the cigarette as I drove back towards North Hollywood. ’ He said, ‘ Then I came to the laundromat and I decided to go into the laundromat to check and see what kind of stuff I bought. ’ ” Defendant stated this was correct. This statement was made freely and voluntarily.