People v. Peloquin

FOURT, J. This is an appeal from an order denying a motion for a new trial and an attempted appeal from “the judgment.”

In an information filed in Los Angeles on April 3, 1968, Robert Peloquin and Harold Davis were jointly charged with possessing heroin on March 14, 1968. Each defendant pleaded not guilty. It was stipulated that the cause be submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing, each side reserving the right to offer additional evidence. Each defendant was found guilty as charged, on June 25, 1968. On July 19, 1968, Peloquin made a motion for a new trial and the same was denied. It appeared to the court at that time that Peloquin was addicted or by reason of repeated use of narcotics was in danger of becoming addicted to narcotics. Criminal proceedings were adjourned and a proper petition was ordered to be filed in Department 95 pursuant to the provisions of section ■ 3051 of the Welfare and Institutions Code. It was further ordered that if Peloquin was not accepted the cause would come on for disposition on August 9, 1968. Peloquin filed his notice of appeal on July 19, 1968, from a supposed judgment of conviction and the order denying his motion for a new ' trial.

On August 1, 1968, in case No. A230963 Peloquin was committed to the California Rehabilitation Center’ by order in Department 95.

A résumé of some of the facts is as follows: at about 2 a;m. March 14, 1968, Officers Thome and Nishimura drove into a parking lot at 2024 North Ivar in the Hollywood district.of Los Angeles. The parking lot was in the rear of a condemned building which on occasion was occupied by “hippies”, for 'sleeping. The headlights of the police car shone upon Péloquin and Davis who were standing at the rear of the lot between [612]two cars. They were standing facing each other about three feet apart. When the officers were about 20 feet from defendants, Peloquin handed an object to Davis. Davis had something white in his hand. The policemen then identified themselves as officers. Davis turned away and started to walk around the front of one of the parked ears. He was told to stop but he continued to walk to the opposite side of the parked car. Thome noticed that Davis dropped something from his hand. Thorne retrieved a plunger from an eyedropper and a bottle cap, each of such items being equipment used in the injection of heroin. Thorne retraced the steps of Davis around the parked car and discovered two white paper bindles in the ivy (it was stipulated that the bindles contained heroin). The white paper containers were dry although the ivy and the ground cover in the area were wet from a previous rain. Davis appeared to be under the influence of drugs—his eyes were pinpointed, his gait staggered, his speech slurred and his coordination very poor. There was a fresh needle mark near Davis’ elbow.