People v. Rodriguez

FOX, P. J. Defendant was charged with selling heroin on March 30, 1962, in violation of section 11501, Health and [504]Safety Code. It was further charged that he had suffered four prior felony convictions, two of which were violations of section 11500, Health and Safety Code. Defendant was found guilty of the main offense as charged. The court also found the priors to be true, denied probation, and sentenced defendant to the state prison for the term prescribed by law. Defendant has appealed from the judgment.

Early in February 1962, Officer Daniel Samaniego of the Los Angeles Police Department was assigned to the narcotics division as an undercover agent. In the late afternoon of March 30, the officer, accompanied by an informant, Eddie Valencia, met defendant at the corner of Third and Broadway in Los Angeles. Valencia asked the defendant, “Have you seen Wero?”1 Defendant replied that he had not. Defendant then inquired, “You looking for some chiva?”2 Officer Samaniego indicated he was, whereupon Valencia asked defendant if he could connect for them. Defendant said he could and that they should meet him on Main Street between Second and Third Streets. The officer and Valencia went to the designated place on Main Street, arriving there around 6 p.m. In some 10 or 15 minutes defendant arrived. Pie removed two red balloons from his mouth and handed them to the officer, who paid defendant $20.

The officer went directly to the Police Administration building, examined the balloons and found that they contained a white powdery susbstance which, upon examination by a forensic chemist, proved to be heroin. Within a couple of days after making the purchase from defendant the officer examined the narcotic mug books at the police station and found that the person from whom he had made the purchase was Edward M. Rodriguez, the defendant. He was later arrested and interrogated by another officer. Defendant denied he had ever seen Officer Samaniego before.

At the trial defendant testified that he did not know anyone by the name of Eddie Valencia; that he had never seen Officer Samaniego; and that he did not sell narcotics to the officer on March 30. He claimed that on that date he was visiting his daughter and son-in-law in Ontario, California; that he attended a birthday party for his granddaughter which started around 5 or 5:30 p.m. on the 30th; and that he did not return to Los Angeles until April 1. On cross-exami[505]