People v. Nieto

A jury found defendant guilty of three counts of using a minor (Dennis Van Johnson) to sell heroin (§ 11502, Health & Saf. Code) and one count of possession for sale of heroin (§ 11500.5, Health & Saf. Code) and the alleged prior felony conviction (first degree burglary) to be true. He appeals from the judgment and order denying motion for new trial. The appeal from the order is dismissed.

Dennis Van Johnson, 1 16 years old, overheard defendant tell Luis Gonzales he was selling heroin. Two weeks later (January 14, 1967) Dennis met defendant who gave him ten balloons containing heroin; he was…