People v. Longines

Opinion

MERRILL, J.

Appellant Alfonso Longines appeals from his conviction of sale of marijuana and use of a minor to sell marijuana. (Health & Saf. Code, §§ 11360, subd. (a), 11361, subd. (a).) We affirm.

I.

Factual Background

Napa County Sheriff’s Deputy James Clark was working undercover on a drug investigation in St. Helena. A confidential informant introduced Deputy Clark to a minor, 15-year-old Matt C., who was accompanied by a person introduced as Treavor. Deputy Clark informed them of his desire to buy some marijuana.

After Matt C. and Treavor departed, Deputy Clark and the informant drove to a nearby Safeway parking lot. About five minutes later, Matt C. and Treavor arrived on foot. Matt C. told Deputy Clark that he needed the money first, and then would bring the marijuana. Matt C. asked how much marijuana he wanted. Deputy Clark inquired about the price, and Matt C. responded that it was $30 for an eighth of an ounce. Deputy Clark told him that he wanted an ounce, which Matt C. said would cost $120.

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A yellow car pulled up and Matt C. got in, saying he would be “back in a little bit.” Another narcotics agent, Douglas Pike, was working with Deputy Clark and attempted to follow the yellow car as it drove out of the Safeway parking lot. Pike located the yellow car across from Lyman Park, a short distance from the Safeway parking lot. Pike observed Matt C. meet with appellant in the park for about five minutes. Appellant then walked away, and Pike observed him making a telephone call at a pay phone. Appellant returned to the park, then went to an area by some railroad tracks near the Safeway parking lot. There he searched the bushes, picked up an object, and walked to a fence by the Church Street park.

When Matt C. returned to the Safeway parking lot he told Deputy Clark that he wanted the money up front. Deputy Clark responded that he did not want to give him the money first because he had been “ripped off’ in the past. Matt C. said that he would try to “do the transaction” with his supplier in front of Clark’s vehicle, so that Clark could observe it. Matt C. told Deputy Clark to take Treavor and drive to a parking lot by the Church Street park.