People v. Padilla

Opinion

JEFFERSON, J. Robert Gus Padilla appeals from two separate convictions. The trial court sitting without a jury found him guilty at one trial of possession for sale of a restricted dangerous drug (amphetamine) in violation of Health and Sáféty Code section 11911. At a separate nonjury trial he was convicted of possession of marijuana in violation of Health and Safety Code section 11530. For each offense defendant was sentenced to state prison for the term prescribed by law, sentences to run concurrently with each other and with any other sentence.

With respect to the first trial the record discloses that Officer McKnight, an expert in narcotics, on December 28,1967, received information from a reliable informant that a man named Don, who would be driving a tan 1962 Buick station wagon would meet behind Mondo’s Bar after dark that same evening with a second man who would be driving an [436]old model Ford pickup truck. Don would arrange for the purchase of a “keg of pills” (approximately 50,000 units of benzedrine) and the man driving the pickup truck would then rendezvous with someone named Bob who would be driving a late model Buick Riviera. From Bob he would receive the keg and the pickup truck driver would return with the keg to the rear of Mondo’s Bar where he would in turn give it to Don.

On the basis of this information, the officer dressed in plain clothes and took up surveillance behind a fence at the rear of Mondo’s Bar that night. While so stationed he observed a suspect who drove up in a 1962 tan station wagon, entered the bar, and later came back out to meet, and speak to the driver of an old green pickup truck which had arrived in the interim. This information the officer communicated by radio to Officer Wanek, who was in a police car, and he asked Officer Wanek to maintain surveillance of the truck. Officer Wanek took the truck under surveillance and saw it come to a stop in an alley near the intersection of Beverly and Garfield and there it remained parked until, about 10 minutes later, the defendant, a male Mexican, drove up in a late model Buick Riviera. The driver (defendant herein) alighted from the Buick and went over to speak to the driver of the pickup. The defendant then returned to the Buick and opened the trunk, removed a large square box, and handed it to Cooper, the driver of the pickup, who returned and put it in the back of his truck.

At that point Officer Wanek approached the pickup truck and looked at the box in the rear. From information which he had acquired from Officer McKnight and from prior experience with similar boxes he had seen on at least six previous occasions, Officer Wanek formed the opinion that the box contained a keg of dangerous drugs. He placed Cooper under arrest, searched him and found in his right front jacket pocket an automatic pistol. The defendant was arrested while attempting to escape.