Rodriguez

People v. Rodriguez

Good Law
1963 Cal. App. LEXIS 2978·222 Cal. App. 2d 502·35 Cal. Rptr. 435
Court of Appeal of CaliforniaNovember 21, 1963Crim. No. 8840California1,657 words

Opinion

Lead Opinion

Fox, J.

Defendant was charged with selling heroin on March 30, 1962, in violation of section 11501, Health and *504 Safety Code. It was further charged that he had suffered four prior felony convictions, two of which were violations of section 11500, Health and Safety Code. Defendant was found guilty of the main offense as charged. The court also found the priors to be true, denied probation, and sentenced defendant to the state prison for the term prescribed by law. Defendant has appealed from the judgment.

Early in February 1962, Officer Daniel Samaniego of the Los Angeles Police Department was assigned to the narcotics division as an undercover agent. In the late afternoon of March 30, the officer, accompanied by an informant, Eddie Valencia, met defendant at the corner of Third and Broadway in Los Angeles. Valencia asked the defendant, “Have you seen Wero?” 1 Defendant replied that he had not. Defendant then inquired, “You looking for some chiva?” 2 Officer Samaniego indicated he was, whereupon Valencia asked defendant if he could connect for them. Defendant said he could and that they should meet him on Main Street between Second and Third Streets. The officer and Valencia went to…

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