People v. Adams

SALSMAN, J.

The defendant was first indicted for a violation of Health and Safety Code section 11501. The indictment was in two counts—the first charged a sale of narcotics, and the second charged an offer to sell or furnish narcotics. The defendant was also charged with two prior felony convictions, one for burglary and the other for possession of narcotics. Later, the defendant was indicted for a violation of Penal Code section 12021, possession of a firearm by one previously convicted of a felony. The defendant pleaded not guilty. It was stipulated that the charges in the two indictments would be consolidated for trial. At trial, the defendant admitted his prior felony convictions. The evidence established these facts:

An undercover operator for the State Narcotics Bureau, in cooperation with the San Francisco Police Department, made four separate contacts with the defendant. On each occasion, before starting out to contact defendant, the operator was carefully searched for narcotics and none were found. The operator was given money to pay for any narcotics he might obtain. The operator had a radio transmitter on his person or installed in his automobile. On each occasion also the police followed the operator, kept him constantly in view, saw the defendant in the operator’s presence, and also overheard the various conversations between the operator and defendant. After the first contact, the operator returned with narcotics and without money. On the second contact the operator returned with narcotics also. On the third contact, the defendant was overheard to say, “Do you have my gun?” The operator gave the defendant the gun, and some time after they parted, the defendant was arrested with the gun in his possession. At the fourth meeting the defendant left the car and attempted to contact his source of supply at a nearby house, but was unsuccessful. When he returned to the operator’s ear he said: “That guy that has got the stuff has gone some place.

[539]

I can’t locate him. The man moved the whole thing. ’ ’ There was further conversation between the defendant and the operator concerning the quantity “the man” had, after which they parted.

At trial the officers testified in detail as to their methods and procedure in this case, and related the various conversations between the defendant and the operator, and introduced the narcotics in evidence. The defendant was found guilty on all counts in the indictment.