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PEOPLE v. CRUZ

Docket No. 3011.

260 Cal.App.2d 55 (1968)

66 Cal. Rptr. 772

THE PEOPLE, Plaintiff and Respondent, v. FRANK AVILA CRUZ, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

March 12, 1968.

Attorney(s) appearing for the Case

J.D. Butterwick, under appointment by the Court of Appeal, and Hennigan & Butterwick for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and William L. Zessar, Deputy Attorney General, for Plaintiff and Respondent.

KERRIGAN, J.

Convicted by a jury of the charge of selling heroin (Health & Saf. Code, § 11501) and sentenced to state prison, defendant appeals.

On March 1, 1966, an undercover agent of the Riverside County Sheriff's Department purchased four bindles of heroin from the defendant for the sum of $12. Shortly after the sale, the officer observed the defendant inject a powder substance and fluid into his arm with a hypodermic needle.

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