People v. Amado, Cr. 6405

• Decision Date: 26 January 1959
• Docket Number: Cr. 6405
• Parties: PEOPLE of the State of California, Plaintiff and Respondent, v. Alfred E. AMADO, Defendant and Appellant.
• Court: California Court of Appeals Court of Appeals

Page 254

334 P.2d 254

167 Cal.App.2d 345

PEOPLE of the State of California, Plaintiff and Respondent, v. Alfred E. AMADO, Defendant and Appellant.

Cr. 6405.

District Court of Appeal, Second District, Division 3, California.

Jan. 26, 1959.

Rehearing Denied Feb. 6, 1959.

Hearing Denied March 25, 1959.

Alfred E. Amado in pro. per.

Edmund G. Brown, Atty. Gen., and Elizabeth Miller, Deputy Atty. Gen., for respondent.

VALLEE, Justice.

In a nonjury trial defendant was convicted of unlawful possession of heroin. He appeals from the judgment. The cause was submitted on the transcript of the preliminary hearing, each side reserving the right to offer additional evidence. Defendant did not testify or produce any evidence in his behalf.

On January 31, 1958 Deputy Sheriff Velasquez, acting on information he had received from two informers to the effect that defendant was using the house at 1821 East 43rd Street, Los Angeles, for the purpose of selling narcotics, went to that location. On arriving, Velasquez and Officer Vega went to the back door. The door itself was open but the screen door was closed. As they approached the door Velasquez saw defendant in the kitchen. On seeing the officers, defendant 'made a movement toward his pocket and started stepping backwards and put a white piece of paper--looked to me like paper--in his mouth and started walking away from the kitchen.' Velasquez immediately opened the door, entered the house, and arrested defendant. He searched defendant's person and in a trouser pocket found two gelatin capsules containing heroin. As the capsules were being removed from his pocket defendant called to his wife in Spanish that two capsules of heroin had been found in his pocket. The officers then took defendant into the bedroom and asked him for his 'outfit.' Defendant went to a dresser drawer and handed Velasquez a spoon, an eye droper, and a box of tissue containing a syrine with a brownish liquid in it.

Later the same day defendant told Velasquez the narcotics found on his person were his; he had purchased them the day before; he had them for his own use; he was not in the business of selling narcotics; and he was an addict. The officers did not have a warrant for defendant's arrest or a search warrant.

Defendant contends in effect that he was denied a fair trial in violation of his constitutional rights because, so he asserts, his counsel wilfully and knowingly failed to present certain defenses that were available to him. He argues that his counsel failed to prepare his defense according to the facts and the law; that he failed to raise the defense of unlawful search and seizure; and that he failed to ask Velasquez the names of the informers.

At the preliminary hearing defendant was represented by the public defender. The public defender did not raise any question of illegal search and seizure or seek disclosure of the informers. After arraignment in the superior court counsel of defendant's choice was substituted. 'The handling of the defense by counsel of the accused's own choice will not be declared inadequate except in those rare cases where his counsel displays such a lack of diligence and competence as to reduce the trial to a 'farce or a sham." People v. Wein, 50 Cal.2d 383, 410, 326 P.2d 457, 473.

It is presumed that an attorney has been faithful to the best interests of his client. No showing is made that defendant's representation was inept or incompetent. Defendant made no complaint to the court with...