People v. Lujan

ASHBURN, J. Appeal from judgment of conviction of possession of narcotics in violation of section 11500, Health and Safety Code. It is claimed that the evidence is insufficient to support the finding of guilty and that the court committed error in sentencing the defendant.

Viewing the evidence in the light of the rules declared in People v. Newland, 15 Cal.2d 678, 681 [104 P.2d 778], and a host of later cases declaring the same principles, there remains no doubt of its sufficiency to support a conviction. Having been informed that one Lopez was using his place at 2210% South San Pedro Street, Los Angeles, for the meeting of narcotic addicts and was there selling narcotics to them, the police at 1 a. m. on February 8, 1958, entered those premises and placed all occupants under arrest. One of them was defendant Lujan. His eyes were glassy, pupils beady, and he was sniffling like he had a cold. One of the arresting officers, who was stipulated to be an expert on the subject, testified that defendant then was under the influence of a narcotic. He asked defendant if he was an addict and defendant said he was. Asked to show his arms, defendant did so and the officer observed puncture wounds on the right one. The officer saw defendant drop a key into a waste basket and took it into [106]his possession. It bore the name and address of the Eichard Hotel and had on it room number 55. Questioned about it, defendant said it was the key to his room. The officers took him to that hotel, asked him if they could search his room, and he replied in the affirmative. As Officers Breckenridge and Uno entered the latter went to an upholstered chair, turned over the cushion and found in the seat a box containing empty capsules, an eyedropper, hypodermic needle, spoon and a rubber contraceptive containing a powdery white substance which proved to be 70 grains of heroin. In a medicine cabinet was a can of lactose. In a desk drawer were found measuring spoons and under the mattress a white handkerchief folded in such manner as to be usuable as a tourniquet. There was also found in the desk drawer a rent receipt which bore date of February 1, 1958, and acknowledged receipt from Carlos Lujan of nine dollars for rent of room 55 “from 2-1 to 2-8.” The officers found no clothing or personal belongings in the room. No other person had rented it for that period and there is no evidence of its use by anyone other than defendant.

He testified in his own behalf, claiming that he moved out of room 55 the day before the arrest and that he did not own or know anything about the narcotic and the paraphernalia which were found in room 55. He said that he had rented the room and when his rent was up he just walked out and failed to turn in the key; that his clothes were at his home, 3407 Blanchard Street, and he had no personal belongings at the hotel; also, that he did not drop the key in the waste basket and that the officers took it off his person.