People v. Gonzales

In a non jury trial the defendant was convicted of unlawfully possessing heroin. He admitted an allegation of the information that he had been convicted previously of violating section 11500 of the Health and Safety Code, a felony. He was sentenced to state prison. He appeals from the judgment and sentence.

Appellant contends that the heroin which was received in evidence was obtained by the officer by illegal search and seizure.

Officer Grennan testified in substance, as follows: On August 4, 1961, about 8:15 a.m., he received a telephone call at the narcotics division from Augusto Pimentel, who said that his wife Lupe was living with Frank Gonzales at 607]4 N. Avenue 26, and that Gonzales was a user and seller of heroin, and was supplying Lupe with heroin. Pimentel also said that he was at Gonzales’ home the previous evening and had received narcotics from Lupe and injected himself with it; and he agreed to meet the officer and direct him to the location. The officer (witness) and three other officers proceeded at once to a designated place where they met a man who identified himself as Pimentel. The man directed them to said address and told them that this was where his wife…