People v. Green

TOBRINER, J. A jury found defendant guilty of selling heroin in violation of section 11501 of the Health and Safety Code. After finding that defendant had previously been convicted of three felonies, the trial court sentenced him to state prison, the sentence to run concurrently with the sentence for which defendant was then on parole. Defendant appeals from the judgment.

The single issue which concerns us involves the admission into evidence of the incriminating statements which defendant gave to the police. The record fails to indicate that, prior to his utterance of the statements which occurred during the accusatory stage, defendant had been advised of his rights to an attorney and to remain silent or that he had otherwise waived those rights. We have decided that the erroneous admission of the statements caused prejudicial error.

The facts may be briefly stated. Officer Toles, an undercover officer of the narcotics division of the Los Angeles Police Department, testified that on April 10, 1962, while accompanied by an informant, he purchased and received from defendant three containers of heroin. On May 23, 1962, the grand jury of the County of Los Angeles indicted defendant, [563]charging him with a violation of Health and Safety Code section 11501.

After arresting defendant on May 25th and thereafter transporting him to the police station, the police questioned him, secretly recording the interrogation. During the interrogation Officer Toles read aloud the notes he had written concerning the alleged April 10th purchase of narcotics from defendant. Officer Hecld testified that when he asked defendant about Officer Toles’ recitation, defendant acknowledged its truth.1

The often unintelligible recording of the interrogation, which was played to the jury, disclosed that at the station the police asked defendant “if this [was] about the way it happened. ” Thereafter the following colloquy took place:

“X or Y. . . . What about that now? Def. I can’t tell you no tales. Officer. Can’t tell me no tales. ... Is that about the way it went down? Def. You say that’s the way it went down, that’s. . . . Officer. Have you been dealing in stuff very long? Def. No, sir. Officer. Whose stuff was that? Def. (No response.) Officer. Was it yours or somebody else’s? Def. No. . . . Officer. Whose was it? Def. It belongs to another guy. Officer. Belongs to another guy. Def. Yes. . . . Officer. How much did you get for doing that ? Def. He give me $3 to get some gasoline. Officer. That’s what he gave you. Def. Yes. . . .”