Hall
People v. Hall
Opinion
Opinion
Elkington, J.
Defendant Hall’s appeal is from a judgment of conviction, followed by suspended sentences to state prison and a grant of probation, founded upon a jury’s verdicts of guilty on several counts of sale or transportation of LSD and peyote. (See Health & Saf. Code, §§ 11352, 11379.)
Following our earlier affirmance of the judgment we granted a rehearing in order to reconsider claimed sentencing error of the superior court. We again affirm, for the following reasons.
Hall first contends that: “The trial court committed reversible error in admitting into evidence a mostly inaudible tape recording of a conversation between appellant and undercover narcotics Officer Harmston.”
Substantial portions of the tape recording, as often occurs under such circumstances, were inaudible. However, other portions contained understandable dialogue typical of a narcotic or dangerous drug transaction of sale. For instance: to an inquiry about how many “hits” could be obtained for $20, a voice answered “eleven.” And there was dialogue suggesting that a hundred “hits” might be obtained for $125 or $145.
“The fact. . .that ‘a recording may not be clear in its entirety does not of itself require…