Cortez

Appellant, Jose Modesto Cortez, appeals from a judgment entered upon a jury verdict finding him guilty of possession of heroin (Health & Saf. Code, § 11350), transportation of heroin (§ 11352), and being under the influence of heroin, a misdemeanor (§ 11550). He was sentenced to the four-year midterm on the transportation count, and imposition of sentence on the possession count was stayed pursuant to Penal Code section 654. A one-year concurrent term in the county jail was imposed for being under the influence of heroin.

Appellant’s complaints deal with the transportation count.

Facts

On October 7, 1983, Merced Police Officer Richard Rentfrow heard the sound of an automobile accident. Officer Rentfrow quickly responded to the scene of the accident, about one block away, and shortly thereafter was joined by Officer Ray Zarate.

Upon arrival, Rentfrow observed that the driver of one vehicle, a blue Plymouth, had already left the scene of the accident on foot. The passenger in the right front seat of the Plymouth (appellant) was just emerging from the car when Rentfrow arrived. Appellant began to walk away from the car, and Rentfrow called for him to stop. Appellant…