Mascarenas

People v. Mascarenas

Caution
1971 Cal. App. LEXIS 1106·21 Cal. App. 3d 660·98 Cal. Rptr. 728
Court of Appeal of CaliforniaNovember 30, 1971Crim. 19532California3,474 words

Opinion

Opinion

Thompson, J.

This is an appeal from a judgment of conviction on five counts of furnishing a narcotic, codeine, to a minor in violation of Health and Safety Code section 11502. We reverse the conviction because of the trial court’s action in unduly restricting cross-examination of the only substantive witness against appellant, and in refusing evidence properly offered to cast doubt on the testimony of that witness.

Eric Serrantino, then 16 years of age, desired to become a federal narcotics agent at some future time. To pursue his interest in that career, to learn something of the law, and to help his community, he presented himself at the Santa Monica Police Department and volunteered to work as an undercover agent in a narcotics “buy program.” He was interviewed by Officer Robert Legerski of the department. Legerski, being aware that the Los Angeles Sheriff’s Department occasionally utilized juveniles as undercover informers in connection with narcotics activities at schools, advised Eric of potential danger and difficulty if he were to serve in the capacity desired by him. He told Eric to consider the matter further. Eric returned a week later. He informed Legerski that he desired…

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