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People v. Allen

September 22, 1967

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JOHN EDGE ALLEN, JR., DEFENDANT AND APPELLANT



APPEAL from a judgment of the Superior Court of Los Angeles County. Mervyn A. Aggeler, Judge.

Moss, J. Ford, P. J., and Cobey, J., concurred.

Moss

Defendant was convicted of violations of section 11911 (possession for sale of dangerous drugs) and section

11912 (offering to sell a dangerous drug) of the Health and Safety Code.*fn1 He was sentenced to state prison for each offense, the sentences to run concurrently. On this appeal from the judgment we consider whether (1) there was sufficient evidence to support the finding of guilt as to each offense, (2) the contraband found in defendant's truck was found as the result of an illegal search, and (3) the imposition of sentences for each offense violates the prohibition of Penal Code, section 654 against multiple punishment.

Sections 11911 and 11912 were enacted in 1965,*fn2 as part of division 10.5 of the Health and Safety Code, a new division relating to restricted dangerous drugs as defined therein. The definition includes benzedrine, the contraband here involved. Sections 11911 and 11912 define the crimes created thereby in the same language that is used to define comparable offenses in division 10 of the Health and Safety Code relating to narcotics.*fn3 Therefore, the precedents which have established the elements of the crimes of possession for

sale of narcotics (sections 11500.5 and 11530.5) and offering to sell narcotics (sections 11501 and 11531) are applicable here.

James L. Farrar, a police officer assigned to the Narcotics Detail of the Torrance Police Department, arrested Andy Miller on December 16, 1965, for possession of dangerous drugs and narcotics. During an interrogation Miller told Officer Farrar that he had purchased the drugs from a person known to him as "Spike." Miller described Spike as being approximately 5 feet, 8 inches, 145 pounds, black hair, and always wearing horn rimmed glasses. Miller told the officer that Spike drove a gray-blue Volkswagen panel truck. Miller stated that he had bought benzedrine tablets from Spike on numerous occasions, and offered to make a call in order to prove that he was telling the truth.

The officer dialed the number given by Miller and the conversation which ensued was monitored and recorded. Spike answered the phone. Miller said, "I would like to make it for eight jars." Officer Farrar, who was an expert on dangerous drugs, stated that "jars" meant a quantity of 1,000 pills and that "I want to make it" meant, "I want to acquire or purchase the object in question." Spike then replied that he had eight jars and would meet Miller at Sarna's, a bar located in Culver City.

The officers traced the phone number to defendant's address, 3829 1/2 Westwood in Culver City. They went to that address where they learned from a surveillance officer that a "female" and a "male subject" answering the description of Spike had been seen alighting from a Volkswagen truck, had entered the Westwood address, had not left the residence, nor had anyone entered the truck. Prior to this time the officers had made a license check on the Volkswagen truck through the Department of Motor Vehicles. The check had revealed that the vehicle was registered to a John E. Allen, the defendant.

Officer Farrar knocked on the door at the Westwood address and identified himself to the party who answered. The officer then inquired if that person was Spike, to which the party replied, "Yeah, come on in." Farrar testified that at the time he recognized defendant's voice as being the same voice which he had heard during the monitored phone conversation. Farrar then arrested defendant.

Officer Farrar went to the Volkswagen which was parked approximately 15 yards from defendant's front door. Prior to

entering the officer saw two paper sacks, rolled with rubber bands, in the glove compartment, which was open to Farrar's view because it had no door on it. The officer testified that he had seen dangerous drugs similarly wrapped before. He then searched the car and found approximately 100 packages, each containing 1,000 "white double-scored tablets" inside the glove compartment, and a package ...


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