Aldapa

People v. Aldapa

Good Law
17 Cal. App. 3d 184·1971 Cal. App. LEXIS 1469·94 Cal. Rptr. 579
Court of Appeal of CaliforniaApril 27, 1971Crim. 17446California1,431 words

Opinion

Opinion

Stephens, J.

By information, defendant was charged with possession of heroin for sale, a felony, in violation of Health and Safety Code section 11500.5. A prior felony conviction for violation of Health and Safety Code section 11500 was also alleged. Defendant’s motions under Penal Code sections 995 and 1538.5 were denied, as were his motions to disclose the identity of the informants and to strike testimony. Defendant pleaded not guilty, denied the prior, and waived trial by jury. He was found guilty as charged, the allegation of his prior conviction was found to be true, and he was sentenced to state prison for the term prescribed by law. He appeals from the judgment.

In May 1968 and up to the date of defendant’s arrest, Los Angeles Police Officer Cody of the Narcotics Division received information from three untested informants and from one reliable informant who had informed on four other occasions, as well as from two Los Angeles City police officers, to the effect that defendant and his wife were selling narcotics at 3622 City Terrace Drive, which was located outside the City, but within the County, of Los Angeles, in the section of “East Los Angeles”; that, to forewarn him,…

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