People v. Alaniz

WOOD, P. J. Defendant was accused, in three counts, of unlawfully selling marijuana. The information also alleged that defendant had been convicted in 1951 and 1954 of violating section 11500 of the Health and Safety Code, a felony, and he had served a term in state prison for each prior conviction. He denied those allegations. Trial by jury was waived. He was convicted on the three counts, and the court found that the allegations of prior convictions were true. Defendant appeals from the judgment and sentence.

Appellant contends (1) that he was denied a fair trial “when the People refused to reveal the name of the informer, ’’ and when the court overruled defendant’s motion to suppress evidence; and (2) he was denied a fair trial when the court disregarded his motion “for the production of an important witness for the defense.”

Officer Pulliam testified that on March 4, 1959, about 10:20 a.m., while he was driving an automobile on 23d Street in Los Angeles, he saw defendant walking on that street; the witness parked the automobile and called the defendant; when defendant came to the automobile, the witness said, “Can I do anything today?” and “I want a half pound”; defendant said he thought he could handle that; then defendant entered the automobile and told the witness to drive around the block; while they were traveling defendant said that he had a lot of stuff but did not have enough customers; defendant asked the witness if he had the money, $45 ; when he replied that he had the money, the defendant said, “Wait here”; then defendant got out of the automobile and went away; about 15 minutes later, as defendant was returning to the automobile, he was carrying a jacket on his arm; he entered the automobile, took a brown paper bag out of a sleeve of the jacket, and handed the sack to the witness who then gave $45 to him; then defendant got out of the automobile and went away.

The officer testified further that on March 6, 1959, about 10:20 a.m., while he was in his automobile which was parked at the same place it was parked on March 4 (when he had a transaction with defendant), the defendant entered the automobile and said, “All I have left is about a pound and a half”; [346]the witness said, “I was thinking about a pound”; the defendant said the price was $80; then the witness handed $80 to defendant, who got out of the automobile and said that he would be back in a few minutes; about 15 minutes later, when defendant returned to the automobile he had a jacket on his arm • defendant took a brown paper sack from each sleeve of the jacket, and handed the sacks to the witness; then the defendant went away.