People v. Rosales

JEFFERSON, J. By indictment defendant was charged with selling narcotics, heroin, in violation of section 11501 of the Health and Safety Code. Defendant entered a plea of not guilty. Trial was by the court, defendant personally and all counsel having waived trial by jury. Defendant was found guilty as charged. Probation and defendant’s motion for new trial were denied and defendant was sentenced to state prison for the term prescribed by law. Defendant appeals from the judgment and the order denying motion for a new trial.

Defendant filed his notice of appeal in propria persona. Thereafter, he made a motion to this court to have counsel appointed to represent him. This court granted the motion and counsel was appointed.

At the trial Louis Estrella testified in substance as follows: that he was an undercover agent for the Narcotics Division of Los Angeles Police Department. On April 17, 1961, he met defendant at approximately 6 :15 p.m. at Martha’s Café in Los Angeles. He knew defendant by the name of “Pinky.” At the time he met defendant he was accompanied by an informant known to him only as “Pelón.” Defendant approached him and asked “What do you have?” He told defendant he had three transistor radios and two shirts and informant “Pelón” told him they wanted to push [533]the radios and the shirts for a gram and a half, which in narcotics parlance means they wanted to trade the articles for some heroin. Defendant stated he could get them some “stuff” but that his connection wanted money and not merchandise. Defendant stated that he could take them somewhere and that someone would swap them heroin in return for the radios. At this point another person came up to defendant and asked him "What do you guys have ? ’ ’ Defendant replied “20 for the works.” This person handed defendant a $20 bill. Officer Estrella gave the transistor radios and other merchandise to defendant in the café. Defendant then delivered the radios and merchandise to the other person in return for the $20. Defendant kept the $20 in his possession. About one-half hour later, using the officer’s ear, defendant directed him, accompanied by the informant, to the corner of Ord and North Broadway. Defendant left the ear and returned approximately twenty minutes later, saying “This guy is going to call his connection.” In a few moments defendant came back to the car with a person known as Chapero. Defendant and Chapero entered the officer’s ear and directed him to drive to the Pasadena offramp and West Solano Avenue. The officer parked his car on West Solano and Chapero left the car. A few moments later Chapero returned, entered the ear and defendant told the officer to drive back to Ord and North Broadway. When they returned to this intersection, Chapero handed defendant some capsules that contained a white powdery substance, later identified as heroin, and then left the car. Defendant gave a balloon containing six of the capsules to the informant. Defendant asked Officer Estrella to drive him to a point near the general hospital. After defendant left the ear the informant handed the balloon to Estrella.