People v. De Leon

—Tony Olvera and Gloria De Leon were convicted by a jury of possession of heroin for sale (§11500.5, Health & Saf. Code) and Maria Christina Guerrero, charged with them, of possession of heroin, a lesser necessarily included offense; Olvera was also convicted of furnishing Arthur Guerrero, a minor, with heroin (§ 11502, Health & Saf. Code), possession of an altered weapon less than 26 inches long (§12020, Pen. Code) and using force on a police officer engaged in the performance of his duties (§ 242, Pen. Code). Guerrero and De Leon appeal from the judgment; Guerrero’s appeal was dismissed pursuant to rule 17a, California Rules of Court. Olvera appeals from the judgment and order denying his motion for a new trial. The appeal from the order is dismissed.

On August 17,1966, Officer Fesler, Narcotics Division, and six other police officers not in uniform went to 659 South Concord Street; Officer Fesler had a search warrant in his possession. Two officers went to the front and four went with Fesler to the rear of the house; Officer Fesler held bis badge in his left hand. He did not seek permission to enter the premises. The rear screen door was hooked and Officer Fesler “jerked” it…