People v. Brown, Cr. 6647

CourtCalifornia Court of Appeals
Writing for the CourtSHINN
Citation3 Cal.Rptr. 203
PartiesPEOPLE of the State of California, Plaintiff and Respondent, v. Joseph BROWN, Defendant and Appellant.
Decision Date08 March 1960
Docket NumberCr. 6647

Page 203

3 Cal.Rptr. 203
PEOPLE of the State of California, Plaintiff and Respondent,
v.
Joseph BROWN, Defendant and Appellant.
Cr. 6647.
District Court of Appeal, Second District, Division 3, California.
March 8, 1960.
Rehearing Denied April 7, 1960.
Hearing Granted May 4, 1960.
Opinion vacated 9 Cal.Rptr. 816.

Page 204

Joseph Brown, in pro. per.

Stanley Mosk, Atty. Gen., William E. James, Asst. Atty. Gen., for respondent.

SHINN, Presiding Justice.

Josepth Brown appeals from a conviction in a nonjury trial of violation of section 11500, Health and Safety Code, consisting of an offer to sell heroin and from an order denying his motion for a new trial. It was alleged that Brown had previously served a term in state prison following a conviction of attempted robbery. This allegation was found to be true and Brown was sentenced to state prison.

Upon receipt of appellant's application for appointment of counsel on the appeal, we read the record and determined that representation by counsel would be of no benefit to the appellant or to the court; the application was denied.

Appellant has filed a brief in propria persona.

There is no merit in the appeal. Officer Walton testified to acts of appellant which constituted an offer to sell heroin. Appellant denied having had any conversation whatever with the officer. Walton testified that appellant approached him and stated that some persons had said he was a policeman and asked whether it was true; Walton replied that it was not true and stated that he had sent someone to get some heroin for him; the person had not returned and had 'burned' him. On the following day Walton asked appellant who had disclosed that he (Walton) was a policeman. Appellant said he did not believe Walton was a policeman and that the only reason he got 'burned' was because the person he had been dealing with believed he was a policeman. Walton told appellant he would like to get some 'stuff' but did not want to be 'burned' again and appellant replied that the only way one could get 'it' was to take a chance. He offered to 'cop' the 'stuff' for the officer ans said it would cost $9; Walton gave him the $9 and appellant walked out, but told the officer not to follow him. The officer did not see appellant for 3 or 4 days; he encountered appellant and asked him why he did not bring the 'stuff' back. Appellant said that he had 'it' and was bringing it back but had to get rid of it because the police 'rousted' him.

Appellant...

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1 practice notes
  • People v. Brown, Cr. 6655
    • United States
    • United States State Supreme Court (California)
    • December 22, 1960
    ...154, 331 P.2d 42. Defendant prepared and filed a brief in propria persons. The court affirmed the judgment. People v. Brown, Cal.App., 3 Cal.Rptr. 203. We granted defendant's petition for hearing in this court and appointed counsel to represent Officer Walton, an undercover narcotics agent,......
1 cases
  • People v. Brown, Cr. 6655
    • United States
    • United States State Supreme Court (California)
    • December 22, 1960
    ...154, 331 P.2d 42. Defendant prepared and filed a brief in propria persons. The court affirmed the judgment. People v. Brown, Cal.App., 3 Cal.Rptr. 203. We granted defendant's petition for hearing in this court and appointed counsel to represent Officer Walton, an undercover narcotics agent,......

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