Gloria

Paul Flores Gloria appeals a judgment, after a jury trial, convicting him of possessing a controlled substance (Health & Saf. Code, § 11350). Gloria was found to be a narcotics addict and was committed to the California Rehabilitation Center (Welf. & Inst. Code, §3051).

On September 14, 1973 Brawley Police Officer Larry Bennett, while patrolling an area of the city known for its high rate of narcotics traffic, saw Gloria drop a round package and continue away from the police car. Bennett stopped Gloria and gave him a cursory search for weapons. A parole officer accompanying Bennett testified he did not see Gloria drop the package. Officer Lara arrived just as Bennett was searching Gloria; he picked up the discarded package and handed it to Bennett. Upon finding heroin in the package, Bennett arrested him for possessing narcotics for sale. Only Officer Bennett actually saw Gloria drop the package. Since no witnesses were called by defense counsel, this testimony is uncontradicted.

Defense counsel sought to cross-examine Bennett as to his employment at the time of trial. Apparently, although this is not clear from the record, Officer Bennett left the police department…