People v. Griffen

FOURT, J. This is an appeal from a judgment of conviction of possessing marijuana, and an attempted appeal from an order denying a motion for a new trial.

In an information filed in Los Angeles on July 20, 1966, defendant Griffen was charged with codefendants Sammie Mosley, Jr., Henry Turner, Jr., and Clifton Perkins with involvement in marijuana transactions. Count I involved Mosley in a transaction which occurred on June 14, 1966, count II had to do with Mosley in a transaction which occurred on June 15, 1966, count III had to do with Mosle3T, Turner and Perkins in a transaction which occurred on June 20,1966, and count IV charged that on June 24, 1966, Mosley, Turner and Griffen offered to furnish marijuana in violation of section 11531, Health and Safety Code. Mosley was charged with a prior felony conviction and Griffen was charged with having been convicted of a violation of section 11530, Health and Safety Code, on about August 12, 1959. Griffen pleaded not guilty and denied the charged prior conviction. It was stipulated that the case in chief be submitted on the reporter ’s transcript of the preliminary examination with both sides reserving the right to offer additional evidence. Griffen was found guilty of a violation of the provisions of section 11530 of the Health and Safety Code (possession of marijuana), a lesser necessarily included offense to the charge contained in the information. The charged prior conviction was found to be [643]not true. GriEen was sentenced to the state prison. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: At about 5:10 p.m. on June 24, 1966, Gordon White, an investigator with the United States Food and Drug Administration, entered the premises at 1956% 103d Street, Los Angeles, for the purpose of purchasing marijuana. White on earlier occasions had made purchases of considerable quantities of marijuana at the above described premises from GriEen’s codefendants.

White, upon entering the premises, spoke to Mosley about buying a large amount of marijuana, “possibly 10 kilos.” Mosley suggested to White that he see Turner who was in the bedroom of the premises. Mosley went into the bedroom and then called White into the bedroom. White entered the bedroom and Mosley absented himself. White talked with Turner and told him that he, White, wanted to purchase 1 ‘ 10 kilos or a little bit more if he could get it. ’ ’ Turner indicated that he had some friends coming back from Mexico, “and as soon as they arrived, he would be able to obtain” the marijuana for White. Turner inquired of White as to whether he, White, had the money for such a purchase and White replied that he had the money. Turner said that he had “four kilos” on hand and would have to obtain an additional six kilos “to make up the order of 10.” Turner made a telephone call and then told White that he could not say how long it would take to obtain the additional marijuana. White left the location and reported what had occurred to the surveillant officers. White was gone from the house for about 15 minutes and then returned and entered the living room of the home whereupon Turner with others present told White “that he had something good working” for White. White inquired what it was and Turner said he had located someone with the marijuana and “he would be able to get it for me within an hour or so.” Turner further related that “the people with the marijuana wanted at least $115 per kilo.” White agreed to pay the price if he could “obtain the marijuana immediately.” Thereupon Turner went outside the- house and went to a green Plymouth 1954 or 1955 sedan automobile and appeared to talk with a person in the car. One of the persons in the car had “the same general appearance as . . . GriEen.” Turner returned to the house and told White that “the people could obtain the marijuana, but they wanted the money .in advance. ’ ’