Aguirre

I. Statement of the Case

Defendant was charged by information with two violations of section 11911 of the Health and Safety Code, possession for sale of a restricted dangerous drug. Count I specified amphetamine sulphate (benzedrine). Count II specified barbituric acid (seconal). Following denials of motions made under Penal Code sections 995 and 1538.5, defendant pleaded not guilty. The matter was submitted properly to the trial court without a jury on the transcript of the preliminary hearing and additional evidence. Defendant was found guilty on both counts and sentenced to state prison, the terms on the two counts to run concurrently. Defendant appeals from the -judgment of conviction and, purportedly, from the order denying a motion for new trial.

II. Contentions of Defendant on Appeal

(1) Information furnished to the police by an informer was insufficient to provide probable cause for the arrest of defendant without a warrant.

(2) The subsequent search of defendant’s apartment incidental to that arrest was unreasonable in scope.

(3) Simultaneous possession for sale of two varieties of drugs covered by section 11911 will not support dual convictions.

III. Facts…