Douglas

Melvyn Lemuel Douglas was convLi-ed in a jury trial of selling heroin (Health & Saf. Code, § 11352, subd. (a)) and possessing heroin for the purpose of sale (Health & Saf. Code, § 11351, subd. (a)). Outside the presence of the jury he admitted having been previously convicted of eight felony olfenses. Concurrent state prison sentences were imposed with a finding that six of the eight prior felony convictions were true. He appeals contending: 1. The court improperly permitted defendant to be impeached at trial with his testimony given at the hearing pursuant to Penal Code section 1538.5. 2. The court erred in honoring the juiy’s request to listen to the tape recording after deliberations had commenced. 3. The suppression motion was improperly denied because Officer Burwell did not comply with Penal Code section 844. 4. The court erred in failing to sua sponte instruct on entrapment. 5. The evidence as to count I is insufficient to sustain the judgment because it was “inherently improbable.” 6. The evidence is insufficient as to count II because it showed only that Earl Newton was in possession of the contraband.

We view the evidence in the light most favorable to the…