People v. Cole

THE COURT. By indictment (Grim. No. 7950), Frazee Cole was accused jointly with Don U. Thazali and Keno Marcello of selling, furnishing and giving away marijuana and in two separate counts Cole was accused of identical violations. In an additional count Cole and Thazali were accused of another identical offense. It was alleged that Cole had previously served a term in prison following conviction of larceny of a motor vehicle. He admitted the former [562]conviction. In a jury trial in which he was represented by the public defender, Cole was tried separately and was convicted of the three offenses charged. He was sentenced to state prison and appeals in propria persona.

In a separate information (Grim. No. 7951), Cole was charged with violation of section 12020, Penal Code (violation of Dangerous Weapons Control Law). He pleaded guilty, was sentenced to state prison, execution of sentence was suspended, he was granted probation, one of the conditions being that he be imprisoned in the county jail for the term of one year. Thereafter, probation was revoked and execution of sentence was ordered. Cole has given notice of appeal from the judgment.

Upon his application for appointment of counsel we read the records, determined the appeals to be without merit and denied the application. Defendant was notified, was given time to file a brief and has filed none.

There was evidence of the following facts in Criminal No. 7950. James Matlock, a police officer of the City of Los Angeles, with experience in the narcotic division of the department, encountered defendant at a hot dog stand September 13, 1960, and inquired of defendant if he knew where some “weed,” (understood by them to be marijuana) could be obtained. They entered the officer’s ear, proceeded as directed by defendant, picked up another person known as “Jimmy,” drove to an address as directed by defendant; the officer gave defendant $3.00 for the purchase of six cigarettes; defendant and Jimmy left the car; defendant returned with eight cigarettes, seven of which he handed to the officer. Jimmy returned to the ear and defendant retained the eighth cigarette; they returned to the place where they had first met. Two days later the officer was hailed by Cole in the same locality. Cole offered to get Matlock some more cigarettes. The officer said he would take two; they drove to the house where the previous purchase had been made. The officer gave Cole $1.00; Cole entered the house and returned with two cigarettes which he handed to the officer. Four days later, the officer encountered Don Thazali who offered to get him marijuana. The two entered the officer’s car. They encountered Cole, asked him if he had anything and Cole replied that he could get “boss stuff,” which they all understood to be marijuana. The officer told Cole he wanted four. They drove to a motel; the officer handed Cole three $1.00 bills; Cole entered the motel alone and upon returning to the car handed the officer four ciga