Durazo

People v. Durazo

Good Law
1967 Cal. App. LEXIS 2377·253 Cal. App. 2d 555·61 Cal. Rptr. 391
Court of Appeal of CaliforniaAugust 15, 1967Crim. No. 12729California1,615 words

Opinion

Lead Opinion

Fourt, J.

This is an appeal from a judgment of conviction of selling heroin.

In an information filed in Los Angeles County on February 23, 1966, defendant Durazo was jointly charged with Nick Juarez Mendoza (sometimes hereinafter referred to also as Mendosa) of selling heroin on November 2, 1965. It was *556 further charged that Durazo previously had been convicted of a felony, namely, robbery in 1950, and that previously he had been convicted of a narcotics offense in 1958. In the same information Durazo’s codefendant (Mendoza) was charged with three other counts of selling heroin. Mendoza pleaded guilty to all four counts as charged. Durazo pleaded not guilty and admitted the prior convictions as charged. Durazo was found guilty as charged in a jury trial. Defendant was sentenced to the state prison. No disposition was made of the charged prior convictions for no reason apparent on the face of the record.

Officer Martinez, of the Los Angeles Police Department, with Officer Prank Mayberry as a passenger, at about 2 p.m. on November 2, 1965, drove to an address in Paeoima. Nick Mendoza came out of a house and got into the back seat of the car. Officer Mayberry inquired of Mendoza, in…

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