Waters
People v. Waters
Opinion
Opinion
Ginsburg, J.
J.* This is an appeal from a judgment based upon appellant’s pleas of guilty to an indictment charging, in count I thereof, conspiracy to sell a controlled substance in violation of Penal Code section 182, and, in count II thereof, sale of a controlled substance in violation of Health and Safety Code section
11379. The circumstances out of which these charges arose commenced with the arrest of one Taylor as a result of a search of his residence by one Detective Matt. The search, made pursuant to permission granted by a term of probation, resulted in the finding of approximately 1,000 initially thought to be contraband but later determined to contain no illegal substance. After Taylor’s arrest, he agreed to cooperate with the police as an informer and agent in return for monetary benefits, an agreement to shorten the terms of his probation, and, presumably, an agreement not to press charges concerning the pills then thought to be contraband. Subsequently, when it developed that the pills were not contraband, Taylor proceeded to carry out his part of the bargain anyway, and appeared before the grand jury with full knowledge of the true nature of the pills.