People v. Ruiz

JEFFERSON, J. An indictment filed by the grand jury of Los Angeles County charged defendant with two counts of sale of heroin (in violation of section 11501 of the Health and Safety Code), occurring on or about January 5, and 18, 1961, respectively. Defendant pleaded not guilty. Trial was by the court, trial by jury having been duly waived and defendant was found guilty as charged. Probation was denied and defendant was sentenced to state prison for the term prescribed by law, sentences on each count to run concurrently with each other.1

Viewed from the point of view of the prosecution, a summary of the facts follows: William Arthur Jones, a police officer for the City of Los Angeles, assigned to the narcotics division as an undercover agent, testified that on January 5, 1961, he met defendant in the vicinity of Market and Ocean Front Walkway in Venice. It was the first time the officer had met defendant, whom he then knew only as “Eddie.” Officer Jones asked defendant if he could “score some heavy stuff” for him. The officer testified that he was familiar with the language used by persons using and dealing in narcotics, and in narcotics jargon this indicated the officer wanted to buy heroin. Defendant asked the undercover agent what he wanted, and the officer said, “Two caps.” Defendant then asked, “Do you have the bread?” (“Bread” refers in narcotics jargon to money.) The officer gave defendant $6.00.

Defendant told Officer Jones to walk to Brooks and Pacific and wait on the corner. While the officer waited there, he saw defendant and several other persons driving by on Brooks [705]Avenue. Someone in the ear shouted to the officer to cross the street and wait in a telephone booth. While waiting in the telephone booth, Jones observed defendant enter a house at 809% Pacific Avenue. Defendant soon emerged from the house and walked west on Brooks Avenue until he was out of sight. In a few minutes, defendant returned with a male Mexican, who was then unknown to the officer but who was later identified as Alex Soto. Defendant entered the telephone booth, took from his mouth a cellophane wrapped bindle which contained a whitish-brown substance, and handed it to Officer Jones along with $3.00. During this time, the person known as Alex Soto remained outside the telephone booth. Defendant then asked what he would get out of the transaction and Officer Jones handed him a dollar bill. Jones took the bindle to the Police Administration Building where it was marked and sealed. The contents were booked at the Central Property Division. At the trial it was stipulated that the bindle contained heroin.