People v. Dominguez

STEPHENS, Acting P. J. By information, defendant Dominguez, along with codefendants Bell and Serna, was charged in count I with conspiracy (Pen. Code, § 182) to violate Health and Safety Code section 11912 (illegally selling, furnishing, or giving away a. restricted dangerous drug) ; in count II, defendant and Bell were charged with a violation of Health and Safety Code section 11912; in count III, all defendants were charged with a violation of that section; and in count IV, defendant and Serna were charged with violation of Health and Safety Code section 11911 (unlawful possession of a restricted dangerous drug for purpose of sale).

Count I was dismissed as to each defendant pursuant to motions under section 995 of the Penal Code. Defendant’s motion to dismiss under section 995 of the Penal Code was denied as to the remaining counts against him.

Defendant pleaded not guilty and waived jury trial. By stipulation, the cause was submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing held on February 17, 1967. All exhibits received at the preliminary hearing were deemed received in evidence, subject to the court’s rulings and each side reserved the right to produce additional evidence. Near the end of the trial, defense counsel’s objection to the introduction of the exhibits into evidence was overruled, and his motion to suppress the exhibits was denied. The court found defendant not guilty of counts II and III and guilty of count IV, possession" for purpose of sale of a restricted dangerous drug.

Following the conviction, defendant was referred to the director of the Department of Corrections for review regarding placement. Thereafter, on October 9, 1967, criminal proceedings were adjourned and defendant was committed to the custody of the director of the Department of Corrections for a period of observation and diagnosis pursuant to Penal Code section 1203.03. On December 12, 1967, defendant was retximed to court for sentencing. Proceedings were suspended and defendant was placed on probation for three years on the [238]condition, among others, that defendant spend the first 120 days in county jail.

On February 2, 1967, Deputy Melendrez was working for the Narcotics Bureau in an undercover capacity. He was introduced to codefendant Bell by an informant. Bell told Deputy Melendrez that he knew where he could purchase illegal narcotics. Melendrez, Bell, and the informant then proceeded to an address at 3311 Hunter Street in Los Angeles. Bell entered the location, came out accompanied by an elderly male Caucasian subsequently identified as defendant Dominguez, and both men drove off in Bell’s car. A short time later, the men returned. After Bell parked the car, he returned to Deputy Melendrez and gave him a paper sack containing numerous tablets of amphetamine sulphate. Deputy Melendrez had previously given Bell money for the purchase. Deputy Melendrez then told Bell he wanted to buy more pills the next day. Bell agreed.