Valencia
People v. Valencia
Opinion
Lead Opinion
Merrill, J.
Appellant Antonio Valencia was convicted by a jury of one count of possessing heroin for sale (Health & Saf. Code, § 11351) and one count of selling or offering to sell heroin (Health & Saf. Code, § 11352). Additionally, appellant was found to have sold or offered to sell 14.25 or more grams of heroin in violation of Penal Code section 1203.07, subdivision (a)(2) and to have possessed for sale 14.25 grams or more of heroin within the meaning of Penal Code section 1203.07, subdivision (a)(1), making him ineligible for probation. Appellant appeals from the judgment of conviction.
I
In May 1984, Detective Michael Preston of the San Mateo Sheriff’s office met with a police informant (hereafter informant) at his office to discuss and plan a controlled buy of heroin from an alleged local drug dealer by the name of Ceja. Informant had obtained a lead on Ceja and his drug-related activities and passed that information along to Preston.
According to informant, Ceja had approached him at his car repair business in Redwood City and offered to sell him cocaine and heroin. Ceja told him that he had a friend who purchased these drugs in Mexico. Informant said he later visited Ceja…