Perez

By information defendant was charged with a violation of section 4573.6 of the Penal Code (unauthorized possession of morphine while in the Los Angeles County Jail). After a court trial he was found guilty as charged and, being 18 years old at the time of his arrest, was committed to the Youth Authority under the provisions of section 1731.5 of the Welfare and Institutions Code. He appealed, requested the appointment of counsel on appeal and we appointed his present counsel, Miss Kate Whyner, who, as usual, has made a vigorous and astute effort on behalf of her client.

The Facts

On August 6, 1964, defendant was an inmate of the Los Angeles County Jail. At about 9:45 a.m. Deputy Sheriff Canaga approached cell A-13 and observed defendant alone in the cell. It was not the cell which had been assigned to him, but it appears that at that time of day the cell doors were open and that defendant was not violating any rule simply by being in cell A-13. As Canaga approached the cell he saw defendant place a black object on a shelf with his right hand. With his left hand he appeared to put another object on the same shelf. Canaga then entered the cell, reached up onto the shelf and…