In re Coblentz

Petitioner, charged with a violation of section 11500.5 of the Health and Safety Code (possession of a narcotic, other than marijuana, for purpose of sale) and with two prior felonies, waived a jury trial and submitted the cause on the transcript of the preliminary examination. The trial court found petitioner guilty as charged and found one prior felony to be true. The judgment was affirmed on appeal. After numerous petitions and motions were denied, this court issued its order to show cause seeking a determination of petitioner’s contention that his statements made to the police after his arrest and admitted into evidence were in derogation *897 of his constitutional rights enunciated in Escobedo v. Illinois, 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ] ; and People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ],

At the preliminary hearing Donald C. Wesley, a Los Angeles police officer assigned to the narcotics division, testified as follows: He and his partner, Sergeant Walker, had petitioner (defendant) and codefendant, Gloria Garcia, under investigation for approximately two weeks, when, on August 9, 1962, at approximately 8:30 p.m., they, accompanied by two…