Carbonie

People v. Carbonie

Good Law
121 Cal. Rptr. 831·1975 Cal. App. LEXIS 1147·48 Cal. App. 3d 679
Court of Appeal of CaliforniaMay 30, 1975Crim. No. 25868California4,429 words

Opinion

Lead Opinion

Cobey, J.

Carolyn Joy Carbonie appeals from a judgment of conviction of three violations of Health and Safety Code section 11380, 1 entered upon juiy verdicts to that effect. The appeal lies. (Pen. Code, § 1237, subd. 1.)

Appellant contends that: (1) there is insubstantial evidence to sustain her conviction; (2) the trial court erred in admitting evidence of a tape- *683 recorded telephone conversation; and (3) the five-year minimum prison term provided for her offense constitutes cruel or unusual punishment.

Facts

On January 7, 1974, Deputy Sheriff Nancy Brown (an undercover officer) and a confidential informant met with appellant’s son, Chris, then aged 16, at appellant’s apartment in Pico Rivera. Brown asked Chris to sell her two “nickel bags of whites” ($5 bags of amphetamines). Chris agreed to do so, asked Deputy Brown to wait, left, then rejoined her a few minutes later. Shortly thereafter, appellant came to the bedroom door and handed the amphetamines to Chris, who in turn gave them to Deputy Brown.

On January 9, Deputy Brown telephoned Chris and asked him whether he had any more amphetamines for sale. During their conversation, which Brown recorded, Brown heard…

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