Ott
People v. Ott
Opinion
Opinion
Kane, J.
Defendant appeals from a judgment of conviction entered upon a jury verdict finding him guilty of sale of a controlled substance (methamphetamine) in violation of Health and Safety Code, section 11379. The charge and conviction grew out of an undercover narcotics operation, the circumstances of which may be summarized as follows:
About 5:20 p.m. on May 18, 1976, Inspector John Eisler, an officer of the Solano County Bureau of Narcotic Enforcement, and his informant, one Robin Saunders, went to Traveler’s Inn Motel (aka Kentwig Motel), Vallejo, California. Saunders had informed Eisler that Larry Hershman, known to him as “Cherokee,” was residing in room 53 of the motel and was selling narcotics.
Upon entering the room, Eisler and Saunders negotiated to buy a quantity of amphetamine, a controlled substance, from Hershman. While Hershman agreed to sell them a quarter ounce of amphetamine for $80, he stated that he did not have any drugs at the moment, but was expecting his supplier—appellant—to arrive within an hour to an hour and a half; that if Eisler returned after his supplier came, he could purchase the drug.