People v. Garcia CA4/3

FACTS

I. 1990 DRUG SALES CONVICTIONS Gomez Garcia’s declaration stated that he was visiting friends from work at a hotel when one of the friends got a call from a buyer. A friend told Gomez Garcia to take two balloons to the buyer who was by a nearby pay phone. The buyer gave Gomez Garcia $20 in exchange for the balloons. Police officers later came to the hotel room and arrested everyone, including Gomez Garcia. Gomez Garcia said he did not know his friends were drug dealers at the time. At the section 1473.7 motion hearing, however, Gomez Garcia testified that he was at a pay phone when an undercover police officer

1 Gomez Garcia testified that his true name is Samuel Cruz Gonzalez. We will use his legal name, Raul Gomez Garcia, for clarity and consistency with relevant case documents and history.

2 All undesignated statutory references are to the Penal Code. All references to section 1473.7 are to 1473.7, subdivision (a)(1), unless otherwise specified.

2 approached him asking for drugs. He told the officer that he knew someone to get drugs from. The officer gave Gomez Garcia either $20 or $30 and waited by the phone while Gomez Garcia went to the nearby hotel room to get the…