People v. Acosta

HERNDON, J.

Defendant appeals from a judgment entered after a non jury trial, convicting him of possession of heroin for purpose of sale in violation of section 11500.5 of the Health and Safety Code.

1

We shall recite the essential facts reflected by the record viewed in the light most favorable to the respondent as required by the familiar rule.

On December 27, 1961, Officer John Hanks of the Los Angeles Police Department was informed by an arrestee that a dealer in heroin lived on Calzona Street in Los Angeles and could be called at a stated telephone number. The officer was advised also that this dealer was known as “Jerry” and drove a 1953 blue Plymouth. Officer Hanks checked the telephone number through the telephone company and determined that it was listed in appellant’s name at 1073 Calzona Street. He then checked the identification records of the police department and discovered that appellant had suffered a prior conviction for possession of narcotics. The officer removed the photograph from the file and his informant identified the person pictured therein as the dealer known to him as “Jerry.”

Since Officer Hanks had not previously received information from this particular informant, the officer took additional steps to test the verity of his statements. He arranged

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with a fellow officer, Allan Arehbold, to call the indicated number while he, Officer Hanks, stationed himself outside the Calzona Street residence. Hanks arrived at the residence at 1:45 p.m. that day and called his fellow officer to advise him to proceed with the planned operation. Officer Arehbold dialed the indicated number and upon hearing it ring, he handed the instrument to the informant while he listened in on an extension. After the telephone rang several times, a woman answered, and when the informant asked for Jerry, she advised him that he was not at home, but would be back later. Officer Arehbold informed Officer Hanks of this development.

At approximately 2:10 p.m. Officer Hanks observed a blue 1953 Plymouth drive up and park at the Calzona residence. He thereupon contacted Officer Arehbold to place the call again. The same procedure was followed in the placement of the call, and this time a man answered and the following conversation was heard: “Informant: Hello, Jerry? Voice on the other end of line: Yes. Informant: This is Jimmy. I would like to get a quarter. . . . Voice: I don’t have that much. How much do you have ? Informant: I have about $60.00. Voice: Well, I will give you about two and one-half spoons for that. . . . Informant: When, and how long would it be? Voice: It will take me a few minutes to package it up, and I will deliver it to your pad in about ten minutes. Informant: Okay.”