Cuevas

By information, appellant Robert John Cuevas and one Gary Erwin Webb were jointly charged in count I with possession of a restricted dangerous drug, to wit, amphetamine (Health & Saf. Code, § 11910); in count II with possession of a restricted dangerous drug for sale, to wit, amphetamine (Health & Saf. Code, § 11911); in count III with transporting a restricted dangerous drug, to wit, amphetamine (Health & Saf. Code, § 11912); in count IV with possession of a narcotic other than marijuana, to wit, morphine (Health & Saf. Code, § 11500); in count V with possession of paraphernalia for injecting a narcotic (Health & Saf. Code, § 11555); in count VI with battery on a police officer (Pen. Code, §§ 242, 243); in count VII with possession for sale of a narcotic other than marijuana, to wit, morphine (Health & Saf. Code, § 11500.5).

The appellant Cuevas was tried separately before a jury upon his plea of not guilty to each of the counts, and was convicted by the jury of counts I, II, III and VI. Counts IV, V and VII were dismissed by the People during the second day of trial.

The court denied probation and sentenced appellant to the state penitentiary on counts II and VI, the…