People v. Bianez

In People v. Bianez (1968) 259 Cal. App. 2d 76, a chemist testified that he analyzed residue found on a spoon and a matchbook cover, concluding that each 10 milligrams of residue contained heroin. However, there was no testimony that the residue was usable as a controlled substance. Nonetheless, the court upheld the defendant's conviction for possession of heroin. It based its conclusion on other facts introduced into evidence, which included observations by the officers just before their arrest of defendant of a bowl containing a "loose white powder," which was destroyed during the arrest of defendant, seizure of five balloons believed to contain heroin, which defendant was able to dispose of while being booked, seizure of a syringe, spoon and matchbook covers, and that defendant was under the influence of heroin at the time of his arrest. The court concluded that the reasonable inferences to be drawn from this evidence was that the bowl did in fact contain heroin, as did the balloons, all of which were lost as physical items of evidence during the arrest and subsequent booking of defendant. ( People v. Bianez, supra, 259 Cal. App. 2d at p. 81.)