Perez

By an amended information, defendant was charged with having sold heroin on July 1, 1976, in violation of Health and Safety Code section 11352. Additionally, it was alleged in the amended information that, on October 3, 1974, defendant had suffered a felony conviction of possessing heroin in violation of Health and Safety Code section 11350, and had served a prison term of more than one year for such offense, and had not remained free of prison custody for five years immediately preceding the filing of the first accusatory pleading within the meaning of Penal Code section 667.5, subdivision (b). Defendant entered a plea of not guilty and denied the allegation of the prior felony conviction.

Subsequently, defendant withdrew his denial and admitted the prior felony conviction. The trial was by jury. Defendant was found guilty as charged. Defendant was sentenced to state prison for the term prescribed by law, with the court finding that the prior felony conviction was true in light of defendant’s admission of having suffered such conviction. Defendant has appealed from the judgment of conviction.

I

Statement of Factual Background

On June 30, 1976, Rosemarie Ramos, acting…