Sanchez

Defendant Richard Sanchez appeals from a judgment entered on a jury verdict finding him guilty of violating section 11500 of the Health and Safety Code (possession of a narcotic: heroin). He raises four contentions: (1) that the trial court committed error in denying his motion made pursuant to Penal Code section 1538.5 on the basis that he was arrested in violation of the provisions of section 844 of the Penal Code providing when a door of a house may be broken in order to make an arrest; (2) that he was denied the right to counsel because defense counsel represented defendants with conflicting interests; (3) his 1964 felony offense was improperly charged as a prior conviction; and (4) the language and method used to allege the prior felony offense constituted prejudicial error. We have examined these contentions and find them to be without'merit.

The Arrest

On April 5, 1968, at about 12:50 p.m., the San Jose Police Department received a telephone call from Mrs. Gertrude Wilson, who lived at 564 Minor Street, that she believed there were prowlers in the house next door at 560 Minor Street. The latter building was unoccupied and had been abandoned since October or…