People v. Flores

FOURT, J. This is an appeal from a judgment of conviction of selling heroin.

In an information filed in Los Angeles on November 26, 1965, defendant was charged in count I with selling heroin on [977]August 5, 1965, and in count II with a similar offense on August 24, 1965. It was further charged that defendant had been convicted three times of felonies; once in February 1957, for the crime of burglary; once in October 1960, for a violation of section 487, subdivision 3, Penal Code, (burglary) and once for violation of section 11501, Health and Safety Code, in September 1960. Defendant pleaded not guilty and admitted the prior convictions. In a jury trial defendant was found guilty as charged. Defendant was sentenced to the state prison, the terms to run concurrently. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: On Thursday, August 5, 1965, at about 1:55 p.m., Officer Limas, an undercover narcotics police officer of the Los Angeles Police Department, unshaven and with long hair, and wearing old clothes, made his way to the area of a large market in the 300 block on South Broadway, Los Angeles. Officer Limas was accompanied by two men, one a person named Joe whom he had met in the market area that day. Officer Limas had first met Joe, a user of narcotics, on July 19, 1965, at the narcotics division of a police building. Sergeant Barber had introduced Joe to Officer Limas as “Joe,” however Officer Limas had heard the person referred to as “Crazy Joe” and had learned that his name might be Carlos Morales. Officer Limas did not know the true name, although he had inquired, and he did not know where Joe resided. Joe was a male Mexican, about 45 years of age, who was 5 feet 10 inches in height, weighed about 165 pounds, had black eyes and did not wear glasses. Joe was being paid for his services to the police.

The second man with Officer Limas on August 5, 1965, was not known to the officer and will be referred to herein as “John Doe.” Apparently Officer Limas met John Doe for the first time near the corner of Third and Hill Streets in Los Angeles. Officer Limas believed that Joe was acquainted with John Doe although Joe never introduced Officer Limas to John Doe. John Doe walked around with Officer Limas and Joe. John Doe was about 5 feet 10 inches in height, weighed about 175 pounds, was dressed in a brown suit, and wore tinted glasses. Officer Limas, Joe and John Doe went to the market and met defendant at a hot dog stand where he was drinking beer. Officer Limas had never seen defendant before. Defendant was a male Mexican with a tattoo of a skunk on his left forearm. Joe approached defendant and talked with him. Joe returned to Officer Limas and told him in effect that