Hall

People v. Hall

Good Law
112 Cal. App. 3d 123·169 Cal. Rptr. 149·1980 Cal. App. LEXIS 2440
Court of Appeal of CaliforniaNovember 17, 1980Crim. 20369California2,253 words

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…

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