Hernandez
People v. Hernandez
Opinion
Opinion
Kaus, J.
Defendant Luis Hernandez was convicted by a jury of possession of heroin for sale. (Health' & Saf. Code, § 11351.) The charged crime allegedly took place on September 3, 1975.
.Facts
The chief prosecution witness was Los Angeles Police Officer Zeuner, a narcotics investigator. Over defense objections, he first testified to his observations on August 27, 1975. On that day, he and another officer were conducting a surveillance of a méthadone center located near 4th and Olive Streets. Zeuner, using a powerful telescope, observed defendant park a red pick-up truck about halfway between the methadone center and the street comer. Defendant left the truck, using the driver’s door, entered the passenger’s side, stepped outside, closed the truck door, and stood by the truck. At that point, four persons, who had come from the methadone center, approached defendant. Zeuner recognized two persons from previous narcotics investigations. He had arrested one of them for being under the influence of narcotics.
Defendant and the four persons engaged in a conversation for two or three minutes. Zeuner noticed that defendant had his hands in front, near his waist area. The four…