People v. Perez
| Decision Date | 14 December 1961 |
| Docket Number | Cr. 7804 |
| Citation | 17 Cal.Rptr. 597 |
| Parties | PEOPLE of the State of California, Plaintiff and Respondent, v. Salvador PEREZ, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
Salvador Perez, in pro. per.
Stanley Mosk, Atty. Gen. William E. James, Asst. Atty. Gen., for respondent.
Accused by indictment of the sale of heroin, Salvador Perez was convicted in a jury trial in which he was represented by the Public Defender and was sentenced to state prison after his motion for a new trial was denied. He appeals in propria persona from the judgment and the order. Upon his application for appointment of counsel we read the record and having determined the appeal is groundless, we denied the application. Defendant has filed briefs.
The evidence of the People consisted of the testimony of a police officer that with the assistance of an intermediary he purchased heroin from defendant for which he paid defendant $10. The only factual question at the trial was whether the officer was mistaken in his identification of defendant as the seller of the narcotic. The record discloses that there was no ruling on the receipt of evidence during the trial adverse to the defendant, and the only inquiry on the appeal is whether the jury was justified in believing the testimony of Officer Calhoun against the denial by defendant that he engaged in any transaction with the officer.
Officer Calhoun testified that in company with Robert Diamond, an informer, he encountered defendant in a doughnut shop at about 6:15 p. m., December 7, 1960. Diamond pointed out defendant, referring to him as 'Shorty.' Diamond held a short conversation with defendant and left the shop, followed by Calhoun. They walked a short distance and waited until defendant came out of the shop; Calhoun handed Diamond $10 and Diamond went to defendant, had a few words with him, handed him the $10, received from defendant a moist orange colored ballon, whsich defendant took from his mouth and which Diamond then handed to Calhoun. At the trial it was proved that the balloon contained heroin. Promptly after the purchase was made, Calhoun selected a photograph in the police files as that of defendant. This was received in evidence, and admittedly was a photograph of defendant. Calhoun also identified the defendant in his testimony before the Grand Jury and at the trial, as...
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