Hunt
People v. Hunt
Opinion
Opinion
Friedman, J.
After a nonjury trial defendant was convicted of transportation of heroin in violation of section 11501, Health and Safety Code. He admitted three prior narcotics convictions. He now appeals from the judgment. His attempted appeal from an order denying a motion for new trial is dismissed. (Pen. Code, § 1237.) Basic issue on appeal is defendant’s contention that incriminating evidence was improperly admitted by the trial court, because secured by the officers as the result of an illegal arrest and search prompted by police information received from an undisclosed informant. Asserted denial of due process of law stems from the same alleged illegalities.
Robert Jensen was an agent in the Sacramento office of the State Bureau of Narcotic Enforcement. Agents Irvin and Cozzalio were his subordinates. Defendant was a known narcotics violator in the Sacramento area and was known to these officers. Jensen had knowledge of defendant’s automobile, a cream-colored Cadillac. He had seen defendant in that car in Sacramento approximately June 4, 1962. Three days later, on June 7, Jensen instructed Agents Irvin and Cozzalio to proceed in separate cars to a stakeout point on U.S: Highway 99 at…