People v. Jones

• Court: California Court of Appeals
• Writing for the Court: FOURT; WOOD, P.J., and LILLIE
• Citation: People v. Jones, 65 Cal.Rptr. 878, 258 Cal.App.2d 652 (Cal. App. 1968)
• Decision Date: 06 February 1968
• Docket Number: Cr. 13018
• Parties: The PEOPLE of the State of California, Plaintiff and Respondent, v. Amos Kenneth JONES, Defendant and Appellant.

Page 878

65 Cal.Rptr. 878

258 Cal.App.2d 652

The PEOPLE of the State of California, Plaintiff and Respondent, v. Amos Kenneth JONES, Defendant and Appellant.

Cr. 13018.

Court of Appeal, Second District, Division 1, California.

Feb. 6, 1968.

Marshall, Busby & Clark and Dwain Clark, Los Angeles, for appellant.

Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Brian Amer, Deputy Atty. Gen., for respondent.

FOURT, Associate Justice.

This is an appeal from a judgment of conviction of two counts of selling a dangerous drug (amphetamine sulphate) and of violating the Dangerous Weapon's Control Law (possession of metal knuckles) and with possession of amphetamine sulphate for sale.

In an information (No. 315,775) filed in Los Angeles on January 4, 1966, defendant and James Rollins were charged in count I with selling amphetamine sulphate on September 21, 1965, in violation of section 11912, Health and Safety Code. It was further charged that defendant on three previous occasions had been convicted of a felony and had served time in a state prison in each instance therefor, namely, for robbery in Massachusetts in 1938, for attempted assault in New York in 1944, and for a violation of section 11500, Health and Safety Code in California in 1957. Defendant pleaded not guilty and denied the charged prior convictions.

In a subsequent information (No. 316,766) defendant was charged with possessing metal knuckles in violation of the Dangerous Weapons' Control Law and in a second count with possessing amphetamine sulphate for sale. The three prior felonies were also alleged. Defendant pleaded not guilty and denied the charged prior convictions.

The two informations were consolidated (the counts in No. 316,766 becoming counts III and IV in information numbered 315,775) and the cause proceeded to trial. A jury trial was waived and it was stipulated that the matter be submitted upon the testimony taken at the preliminary hearings. The prosecution for some reason not apparent in the record did not present any evidence with reference to the charged prior convictions and, as a consequence, the court made no finding thereon. The defendant was found guilty as charged in each count. At the time of sentencing another then pending indictment of defendant for violations of the Health and Safety Code was dismissed 'in the interest of justice.' Defendant was sentenced to the state prison on each count, the terms to run concurrently. A timely notice of appeal was filed.

A re sume of some of the facts is as follows: On September 21, 1965, Officer Carrillo, an undercover narcotics division officer contacted codefendant Rollins and inquired about getting some 'pills.' Rollins replied that he had none, but that he could take Officer Carrillo to where they 'could make a connection.' Officer Carrillo and Rollins got into a car and proceeded to 433 North Westlake where the men went to the door and Rollins knocked. They were let into the premises by defendant Jones. Officer Carrillo listened to a conversation between Rollins and Jones. Officer Carrillo wanted a 'half a jar' for $17.50. A 'jar' is slang for a quantity of 1000 tablets. After talking with Jones, Rollins told Officer Carrillo that a 'half a jar' would cost $20. Officer Carrillo then handed Rollins $35 and Rollins, in turn, handed the money to Jones. Jones left and when he returned he handed to Officer Carrillo a brown paper bag which contained white pills (408 grams) which it was ascertained upon analysis contained amphetamine.

Officer Carrillo on September 27, 1965, at about 7 p.m., went to 433 North Westlake, knocked on the door and was let into the premises by Jones. Officer Carrillo stated to Jones that he needed another jar of whites. There was some question about the price and Jones stated, 'You know my prices. If you don't like it, you don't have to come here.' Officer Carrillo handed $35 to Jones and Jones handed to the officer a plastic bottle containing white tablets (289 grams) which it was found upon analysis contained amphetamine.

On December 2, 1965, at about 3 p.m. Officer Garrahan with Officer Carrillo, Officer Frederickson and Officer Olson went to Jones' address at 433 North Westlake and Officer Carrillo knocked on the door. Officer Garrahan identified himself as a police officer and told Jones he was under arrest on a warrant for sale of amphetamine. Jones was advised of his then constitutional rights. Officer Garrahan had been informed by Officer Carrillo that the prior sales had taken place at Jones' residence. After the arrest the premises were searched and in...