People v. Perez

Opinion

GARDNER, P. J.

This case involves the issue of the use or the attempted use by the prosecution of prior or subsequent narcotics activity by the defendant to show his knowledge of the narcotic character of the substance involved in the primary charge. This issue presents itself rather frequently in trial courts but unfortunately has not been handled with complete consistency in the appellate courts. We will briefly review the authorities and attempt to set up some guidelines for trial courts in this troublesome area.

Defendant was convicted by a jury of sale of heroin.

An undercover agent…