People v. Harris

JEFFERSON, J.

The Los Angeles County Grand Jury returned an indictment in which defendant Burnell Joseph Harris was charged with agreeing to sell, deliver, or furnish, a narcotic, to wit, cocaine, to Lionel Robert, and selling, furnishing, or delivering to the same Lionel Robert a nonnarcotic substance in lieu of the narcotic in violation of section 11503 of the Health and Safety Code. The indictment alleged a prior felony conviction of the crime of burglary and a violation of section 503 of the Vehicle Code, also a felony.

Defendant entered a plea of not guilty. Trial was by the court, trial by jury having been duly waived by defendant personally and by all counsel. Pursuant to stipulation of

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defendant and counsel the cause was submitted to the court on the testimony given at the preliminary hearing as contained in the transcript of the proceedings.

At the commencement of the trial the judge indicated for the record he had read and considered the evidence produced at the preliminary hearing. Defendant testified in his own behalf. The People called Lionel Robert in rebuttal. The People offered evidence of the prior convictions in the record and it was stipulated that the court would determine the truth or falsity of the prior convictions at the time of the hearing of probation and sentence. Defendant was found guilty as charged, a probation report was ordered, and defendant’s motion for a new trial was denied. The court found the first prior conviction as alleged was untrue. The second was found to be true. Probation was denied and defendant was sentenced to state prison for the term prescribed by law. Defendant prosecutes this appeal from the judgment and the order denying a motion for new trial.

On August 21,1961, Lionel Robert, a narcotic officer, and a person named A1 McGraw met defendant on the corner of 102d and Beach Streets. McGraw said, “Say, man, J. B. knows where you can get some coke." In the vocabulary of narcotic users “coke" means cocaine. Officer Robert asked defendant, “Is this good stuff, man?" and he said, “Yeah." The officer then asked, “Well, look here, how does this eat keep his stuff packaged, in caps?" Defendant replied, “I don’t know but it will cost you three bucks. You got a car?" The officer said, “Yes." Defendant said, “We have to go just off Central. Come on." The parties then drove to a place on 113th Street where defendant said, “Let me get out here and see if the stud is home." Defendant walked to a house, talked to a man on a porch, returned to the car and said, “I’ve got to meet the stud at the park so you can leave me off there, I got the stuff." Defendant then handed Officer Robert a small cellophane bindle and the officer handed him three $1.00 bills. Robert said, “I’ve got to take a look at the stuff because the cat’s been trying to pass some bad stuff on me." Defendant said, “Well, that’s good coke. I wouldn’t do no burn on a cat."