People v. Proctor CA2/4

BACKGROUND

Prosecution Evidence 1. The Charged Sale On August 13, 2013, defendant approached Pomona Police Officer Jesus Cardenas and his female partner at a gas station at San Bernardino Avenue and Indian Hill Boulevard in Pomona. The officers were wearing civilian clothes in an

1 All undesignated section references are to the Health and Safety Code.

2 unmarked vehicle, operating undercover as part of a narcotics buy program supervised by the United States Marshal’s Service. Defendant asked what they needed. Officer Cardenas responded that he wanted “a dub,” slang for $20 worth of narcotics. Defendant said that he did not have anything on his person, and asked, “What do you want?” Officer Cardenas specified “a rock” and asked where he could get one. Defendant said that there was some on Richard Street and that he could take the officers there. Officer Cardenas asked why he could not go there himself. Defendant replied that “they” did not know him. Officer Cardenas got in the back seat (his partner driving) and defendant sat in the front passenger seat. Defendant then directed them to a cul-de- sac off San Bernardino Avenue. Officer Cardenas gave defendant $20 and the officers…