People v. Guereca

Opinion

WOODS, P. J. —Appellant Ernest Pina Guereca was convicted of two counts of selling phencyclidine (PCP). (Health & Saf. Code, § 11379.5.) He contends on appeal that his conviction must be reversed because the trial court erroneously denied his motion to disclose the identity of an informant. We find no merit in the contention, and affirm.

The evidence at trial showed that on May 12,1983, Police Officer Edward Ortiz was working undercover in civilian clothes on a street comer. A man he had never seen before introduced himself as “Paul.” The two men discussed the possibility of purchasing PCP. They went together in Ortiz’s car to 3304 Sierra Street. Paul knocked on the door and appellant came out and introduced himself as “Ernie.” Ortiz asked appellant for a PCP-dipped cigarette. Appellant said Ortiz would have to follow him to his house. Appellant drove a 1973 Chevrolet Monte Carlo to 4922 Gambier Street, with Ortiz and Paul following behind. Appellant went into the residence alone, and returned a few minutes later with a wet cigarette which emitted a strong chemical odor of PCP. He handed the cigarette to Ortiz in exchange for $20, stating, “It’s good stuff. You can’t taste the chemicals.” Ortiz asked appellant where he could find him the next time. Appellant pointed to the house and said, “Right here. I live here.” Ortiz dropped Paul off, and then booked the cigarette at the police station. [886]During the transaction, Ortiz had noticed that appellant had a tattoo of a cross on his right hand.

On June 1, Ortiz returned to the house on Gambier Street. Appellant answered the door. Ortiz told appellant he wanted $20 worth of a PCP cigarette. Appellant went inside the residence, returned to the door about three minutes later and handed Ortiz a tinfoil bindle. The bindle contained a wet Kool cigarette emitting a strong chemical odor like PCP. Ortiz handed appellant the $20 and left. He immediately booked the cigarette into evidence.

During the second transaction, Ortiz had observed that appellant had a tattoo of a flower on his left inner arm.

Ortiz returned to the house approximately four more times but found no one at home. He arrested appellant on January 11, 1984, six months after the transactions.

Ortiz further testified that he observed appellant’s brother at appellant’s preliminary hearing on February 22, 1984. He added that he had testified at an earlier trial and examined appellant’s arms at that time. He then observed the same tattoos that he had seen at the time of the PCP purchases. However, he noticed that the tattoo of the cross was on the left hand while the tattoo of the flower was on the right arm, the reverse of what he had put in his report. He was positive that it was appellant who sold him the PCP and that the tattoos were the same ones that he had observed at the time of the buys.