Saldivar
People v. Saldivar
Opinion
Lead Opinion
Taylor, J.
Defendant was convicted of possession of heroin (Health & Saf. Code, § 11500). On appeal, 1 he contends that the analysis of a urine specimen obtained from him by his parole officer was erroneously admitted into evidence and that the testimony of the parole officer constituted an improper allusion to an admitted prior offense (Pen. Code, §1025).
There is no dispute as to the sufficiency of the evidence. About 6 :45 p.m. on July 2, 1965, Officers Weir and Larkin of the Salinas Police Department were on patrol duty and heard firecrackers exploding. They proceeded to investigate and as they were parking their police vehicle at 108 Carneros Street, saw three men standing next to two ears parked about ninety feet away. The weather was clear and the sun was still shining. One of the officers recognized defendant and observed him reach into his shirt pocket, remove a shiny object and place it by the left front wheel of the 1955 Mercury. Defendant then kicked *672 at the general area behind the left front tire and walked over and sat down on the motorcycle parked nearby. The officers immediately retrieved a shiny cellophane packet containing seven bindles of heroin from under the…