People v. Terpenning

LILLIE, J. Defendant was convicted of keeping and occupying a residence with paraphernalia for the purpose of recording and registering bets on horse races (Pen. Code, § 337a, subd. 2.) She appeals from the judgment and sentence.

Defendant did not take the stand; only the officers testified. Deputy Sheriff Olsen, an expert in methods, paraphernalia and forms of bookmaking, received information that a Gilbert telephone number was involved in a call-back relay. This is a type of bookmaking operation wherein the bettor telephones the relay number and makes a bet; the person answering the call then, by telephone, relays the information concerning it to a person at the “back,” which is a location where the betting records are kept; and the person at the “back” either telephones the bettor directly to verify the bet or accepts the bet as transmitted by the relay. Ascertaining that the Gilbert number was registered at 9585 Garvey Boulevard, Deputy Olsen, together with Deputies Havlovic and Halfon, went to a telephone located approximately 100 feet from the address and dialed the number while his partners observed the premises. A woman answered, “Hello,” and Deputy Olsen said, “This Kenny S.”; she said, “Yes, Kenny, what is your phone number?” He gave her the number of the telephone from which he was calling and said he had a daily double bet which he wanted to place, asking, “Do I still have time?” She replied, “I don’t know whether you have time or not. You’ll have to wait until they call you back and they will tell you. I can’t take any bets here.” Still on the line, Deputy Olsen signaled to his partners who went to the rear of the residence and, finding the door locked, forced it open and went inside; when Olsen heard the voice of Deputy Havlovic say into the telephone, “Okay, Gerry, we’re in, come on over,” he hung up and walked to the premises.

When the deputies forced their way in, they found defendant alone sitting on the bed with the telephone in her left hand and a piece of chalk in her right; in the room were a red box of 20 sticks of chalk, erasers and two blackboards. On one blackboard were eight names written in chalk, beginning with “Gibbs” and ending with “Kenny,” the last two names being followed by telephone numbers; after some of the names were tallies indicating the number of calls. Defendant admitted the chalk writings were hers. The telephone rang 6 times and Deputy Olsen answered; each time the caller identified himself and sought to place one or more bets [218]on certain horses running at various race tracks. It was the opinion of Deputy Havlovie that the premises constituted a call-hack relay spot in the field of bookmaking, and that the paraphernalia found thereon was that used in bookmaking. He described the operation as follows: the word "Gibbs ’ ’ was the name of a bettor or agent who had called defendant at the Gilbert number and left his name; later, in another call to the Gilbert number by a third person, defendant gave the name “Gibbs” to him; and in turn he called “Gibbs” and picked up the bets he wanted to place. The deputy explained that a call-back relay spot is, in part, a phone spot operated in that manner to keep the telephone contact free from any markers, records or other papers; the purpose is to minimize the chance of bookmakers getting caught with the evidence on hand.