Chavarria
People v. Chavarria
Opinion
Lead Opinion
Perren, J.
A police informant in Ventura County negotiates by phone with a drug dealer in Los Angeles County for the purchase of heroin. The drugs are delivered in Los Angeles County by an accomplice who did not take part in the phone negotiations. We conclude that Ventura County is a proper venue for the accomplice’s prosecution.
Joshua Chavarria appeals the judgment entered after a court trial in which he was found guilty of selling heroin and possessing the drug for sale (Health & Saf. Code, §§ 11351, 11352, subd. (a)). The court also found true the allegation that the heroin weighed 14.25 grams or more (Health & Saf. Code, § 11352.5, subd. (1); Pen. Code, § 1203.07, subd. (a)(1)). 1 Appellant contends the judgment must be reversed for improper venue. We affirm.
*1367 FACTS AND PROCEDURAL HISTORY
Appellant filed three separate motions to dismiss the charges against him on the ground of improper venue. The first motion challenged the felony complaint charging him with one count of selling, transporting, or offering to sell heroin. The relevant facts are derived from the hearing on that motion, which was heard in conjunction with the preliminary hearing.