Perez

People v. Perez

Bad Law
1962 Cal. LEXIS 256·23 Cal. Rptr. 569·58 Cal. 2d 229·373 P.2d 617·3 A.L.R. 3d 946
Supreme Court of CaliforniaJuly 24, 1962Crim. No. 7076California7,703 words

Opinion

lead Opinion

White, J.

This is an appeal by defendant Salvador Perez from a judgment of conviction for sale of heroin. (Health & Saf. Code, § 11501.) Defendant was sentenced to state prison following trial before a jury, where he was represented by the public defender. In addition to numerous contentions concerning alleged misconduct committed by the prosecutor at trial which defendant asserts prevented his being afforded an adjudication as to guilt solely on the basis of the evidence presented, the sufficiency of the evidence to sustain the judgment of conviction is herein challenged.

The record reveals that the People’s case consisted solely of the testimony of one police officer, Rastine Calhoun, who had operated as an undercover agent of the police department in the City of Los Angeles, and exhibits authenticated only by that officer’s testimony. Officer Calhoun testified as follows on direct examination: “ [0]n December 7, 1960, at approximately 6 :45 p. m., another person and I went into a doughnut shop at the corner of Third and Broadway. This other person [“Bob”] told me that he saw the defendant sitting ... at the counter. . . . [Bob] said, ‘There’s Shorty now.’ That is what he referred to the…

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