Chavez
People v. Chavez
Opinion
Lead Opinion
Files, J.
Defendant Chavez and codefendant Herrera were charged with the sale and furnishing of heroin (Health & Saf. Code, §11501).
After a jury trial defendant Chavez was found guilty and Herrera was found not guilty. Criminal proceedings were then adjourned so that a civil proceeding might be undertaken for Chavez’ commitment as an addict under Penal Code section 6451 (now Welf. & Inst. Code, § 3051). Sometime later criminal proceedings were reinstated and he was sentenced to state prison for the term prescribed by law, from which judgment he appeals.
The contentions made by appellant are (1) that the evidence is insufficient as a matter of law and (2) that the use in evidence of statements which he made after his arrest now entitle him to a reversal under the authority of Escobedo v. Illinois, 378 U.S. 478 [ 84 S.Ct. 1758 , 12 L.Ed.2d 977 ], and *250 People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ],
The Evidence
The evidence and inferences therefrom which support the judgment require only a brief statement. On May 1, 1963, a state narcotic agent, Antonio Cota, Jr., conducting an undercover investigation and using the name of “Manuel,” was introduced to Herrera in…