People v. Gambos

Opinion

ELKINGTON, J.

Defendant Joseph N. Gambos appeals from a judgment based on a jury verdict finding him guilty of possession of heroin for sale, a violation of Health and Safety Code section 11500.5.

The facts are substantially undisputed. While on parole from state prison, to which he had been committed for a narcotic offense, Gambos lived in a San Francisco apartment with a woman friend named Joyce. A condition of his parole was that he take periodic “Naline” tests for the purpose of determining whether he was using heroin. Since Gambos had failed to appear for the tests over a…