People v. Sylvester

ROTH, P. J. Appellant was charged by information with selling heroin in violation of Health and Safety Code, section 11501. After a jury trial, appellant was found guilty and sentenced to the state prison. The appeal is from that judgment.

At the time of his conviction, appellant was serving probation on a prior conviction. Probation was revoked after the above judgment and appellant was sentenced to one year in county jail on the offense in respect of which he had been granted probation. Both sentences were to run concurrently. The appeal from the order revoking probation has been abandoned.

On September 20, 1961, one Roy Singh was hitchhiking along Reseda Boulevard in Reseda, California. Appellant stopped and picked him up. There was conversation concerning narcotics and appellant offered to sell Singh heroin.

On the morning of September 21, 1961, Singh volunteered his services to the Los Angeles Police Department. At approxi[48]mately 10 a.m., Singh called appellant from the central jail and in the presence of several police officers, told appellant that he (Singh) had a friend who wished to purchase a “half a piece” of heroin. Appellant stated that “he was ready, that everything was okay” and a meeting place was arranged.

Singh and an Officer Pesler, posing as the “friend” went to the agreed location. Appellant was in his automobile in a corner gas station. Singh alone approached appellant on foot, asking “if everything was all right, whether he had the stuff.” Appellant replied that everything was all right, but that he did not have the narcotics with him and that they would have to leave for a few minutes to obtain them.

After relaying this information to Officer Pesler, appellant and Singh drove off in appellant’s car. Appellant made two stops. On the first, he walked to the back of his car and remained for a few seconds. On the second he went into the restroom of a gas station. Returning from the restroom, appellant indicated to Singh he had the heroin. Both returned to the original meeting place where Officer Pesler was waiting.

Appellant parked his automobile near Officer Pesler’s automobile, but out of sight in an alley. Singh alighted from appellant's car with a package given him by appellant and approached Officer Pesler. Singh gave the officer the package. It contained heroin. The officer, in return, handed Singh some money in 10 and 20 dollar bills, the serial numbers of which had previously been recorded. Singh gave the money to appellant.