People v. Vielma

ROTH, P. J. On June 22, 1965, appellant was charged by-information with possession of heroin (violation of Health & Saf. Code, § 11500). Three prior felony convictions involving-marijuana and heroin were also charged.

Appellant waived jury trial. He was found guilty. The first two priors were stricken; the court found the third prior, illegal importation of heroin, to be true and sentenced appellant to state prison for the term prescribed by law.

On May 19, 1965, Officer Maga of the Narcotics Division, Los Angeles Police Department, obtained a search warrant to search appellant’s apartment, a 1958 Ford, license number IBR 487, and the persons of Eleanor Madrid and appellant for narcotics. The affidavit in support of the warrant stated that on April 24, 1965, an unnamed informant, known to be reliable, disclosed to Officer Maga that appellant (known also as Caíalo) and Eleanor Madrid (known also as Carreen and Hollé) were selling heroin from the apartment and had sold some to the informant. The telephone number, NO 4-7471, for arranging a sale was also supplied and the officer was told a 1958 Ford, license number IBR 487, belonging to Eleanor, was used if delivery were required.

Officer Maga’s affidavit further stated that on May 4, 1965, a second informant had told him that “Caíalo” and “Elle or [832]Elenor” [sic] were dealing in heroin at the address of the apartment and the informant had personally purchased some in the past week. Both informants identified police pictures of appellant and Eleanor as the persons from whom they had purchased heroin. The officer’s independent investigation revealed that the NO 4-7471 telephone number was located at the apartment address. The Ford was registered to a Norman J. Hollé, and both suspects had long narcotics’ records including prior convictions.

On May 20, 1965, the search warrant in their possession, Officer Maga and two other officers staked out the apartment premises. At around 11:35 a.m. Maga observed appellant leave the cleaning store in front of the apartment, walk to the rear of the building, and get into a 1957 Dodge parked in the lot. The police officers, not in uniform, drove their vehicle in front of the Dodge, parked, and went to either side of the car. One of the officers told appellant they were police.

As Officer Maga was looking into the car from the passenger’s side, he saw appellant drop a crumpled cigarette pack from his left hand to the floor of the car. Appellant was asked to get out of the car and one of the officers reached in and picked up the cigarette pack. He opened it and found a portion of a red balloon containing a powder which later proved to be part heroin. Appellant was arrested and advised of his constitutional rights.