Martin

This case is before us for a second time. Our original decision was filed on December 21, 1966, and published (People v. Martin, 247 Cal.App.2d 416 [ 55 Cal.Rptr. 629 ]). On February 17, 1970, we granted appellant’s propria persona motion to recall the remittitur, vacated the judgment, and reinstated the appeal to determine it in the light of Bruton v. United States, 391 U.S. 123 [ 20 L.Ed.2d 476 , 88 S.Ct. 1620 ], and Roberts v. Russell, 392 U.S. 293 [ 20 L.Ed.2d 1100 , 88 S.Ct. 1921 ]. Prior to the scheduled hearing, the matter was taken off calendar at the request of the People, recalendared this month, and both sides given time to file additional briefs. Although many additional points have now been raised, no valid reason has been advanced to bring us to a different conclusion, except as indicated below with respect to the reconsideration of the effect of the prior conviction on appellant’s sentence.

In 1964, appellant, George H. Martin, and his codefendant, McKinley Lomack, were jointly charged by information with possession of heroin (Health & Saf. Code, § 11500) and possession of heroin for sale (Health & Saf. Code, § 11500.5). Appellant was also charged with a…