People v. Garcia

FOX, P. J. Defendant was charged in a secret grand jury indictment with two counts of selling and furnishing a narcotic (marijuana) in violation of Health and Safety Code section 11531. Following a plea of not guilty, defendant waived a jury trial and was adjudged guilty on both counts by the trial court. Defendant filed a notice of appeal in propria persona, and thereafter counsel was appointed to represent his cause in this court.

With respect to the first count in the indictment, the record indicates the following: On the morning of June 9, 1962, one Don Reed telephoned the Temple City Sheriff's station and spoke with Deputy Sheriff Thornberg of the narcotics detail. At this time Reed was out on bail pending a trial for possession of narcotics, and the sheriff’s department was using him as an informant and undercover narcotics agent. Reed told Thornberg that he was going to see the defendant to buy some marijuana and he offered to assist the narcotics detail in making the purchase. He then came to the sheriff’s station to meet the officers, where he was searched to determine if he had any narcotics on his person. After Reed stated that he was going to pick up defendant so that they could go together to see their attorney, Officer Thornberg gave Reed $5.00 to pay for the marijuana and arrangements were made for the officers to follow him. They followed Reed [757]in an unmarked car and in plain clothes to defendant’s house. Reed entered the house and then emerged with defendant after about 10 minutes and they drove off in defendant’s car. The officers tried to follow, but lost them in traffic. Reed testified that they went to see their attorney. The officers went back to defendant’s house to await their return, which occurred at about 12:30 p.m. Reed and defendant entered the house where defendant inquired how much marijuana Reed wanted. Reed told him a dollar’s worth and the defendant sold it to him. Pursuant to instructions Reed then left and took the marijuana to a nearby cafe where he met the officers and turned it over to them.

As to the second count, the facts are substantially similar to those in the first. On June 16, 1962, after making prior arrangements by telephone, deputy sheriff Demerjian and another deputy met Reed at about 11 a.m. in a Sears parking lot. Reed told the officers that he was going to see the defendant to buy some marijuana. After searching Reed and his car for narcotics, Reed was given $10 to pay for the marijuana. As before, the officers followed him to defendant’s house. Reed got into defendant’s ear and they drove off together to see their attorney.1 The officers were again unable to follow the car so they went back to the house. When Reed and defendant returned they entered the house and Reed stated that he was in a hurry to get the marijuana. Defendant then went out to his backyard and took a plastic bag full of marijuana from between two garbage cans. Reed purchased one half of the contents of the bag for $10 and then left. The officers followed and met Reed back at the Sears parking lot where he delivered the marijuana to Officer Demerjian.