People v. Juarez

KAUS, P. J. Defendant was charged with two violations of section 11501 of the Health and Safety Code, which were alleged to have occurred on January 6 and January 12, 1967, respectively. Two prior narcotics felony convictions were also charged. Defendant pleaded not guilty and denied the priors. A jury found him guilty of having violated section 11500 of the Health and Safety Code on each count. The priors were found to be true. Defendant was sentenced to concurrent prison terms.

The Offense of January 6,1967

Officer Melendrez, a deputy sheriff, was engaged in ah undercover narcotics investigation. Burton, an informer, was with him. Burton had known defendant for some time.

At 3 :30 p.m. Burton introduced Melendrez to defendant. Burton asked defendant whether they could “score” a quarter of an ounce. Defendant got into Burton’s vehicle and directed him to drive to Kalisher Street. After awhile one Asceneio came by. Defendant asked Aseencio if he knew where they could “score.” Asceneio told the party to meet him at a certain corner. Later, at that corner, Aseencio handed Burton either two or three balloons. Melendrez gave Aseencio $55. En route back defendant asked Melendrez to show him what he had received. Melendrez did and defendant-—-with Melendrez ’ apparent assent—took one balloon from Melendrez’ hand. Defendant was then let off.

The Offense of January 12,1967

On January 12 Melendrez was again with Burton. At about 1:20 p.m. they drove to the intersection of Kalisher and Hewitt where they saw defendant standing next to a car. Melendrez asked defendant for a half gram. Defendant got into Melendrez’ ear and directed the officer to a certain housing project in Van Nuys. After they arrived, defendant left for awhile and returned with a balloon which proved to contain heroin. Melendrez gave defendant $10 for the balloon.

Defense

The sole defense was entrapment. Defendant admitted being an addict. He testified that he and Burton had frequently [719]taken heroin together before January 6, 1967. On that day Burton arrived with Melendrez and told defendant that he wanted to buy a “quarter.” Defendant was suspicious of Melendrez but Burton allayed his fears. Defendant directed them to a pool hall which Burton entered. He returned and directed the ear to the same corner in .Van Nuys where, according to Melendrez, the transaction had taken place. There Burton again disappeared and returned with the narcotics. He directed Melendrez to give defendant one of the balloons. At the time defendant was " strung out. ’ ’