Torres

Appellant was charged with one count of sale or furnishing heroin in violation of Health and Safety Code section 11352. It was further alleged that appellant had been previously convicted of violating section 11351 within the meaning of section 11370.2. On that same day, appellant pleaded not guilty and denied the allegation.

A jury trial commenced on January 23, 1989. The jury convicted appellant as charged in count I and appellant waived his right to a jury trial on the prior conviction allegation and admitted the truth of the allegation. He was sentenced on February 23, 1989, and filed a timely notice of appeal on March 13, 1989.

Facts

In the afternoon of October 12, 1988, Bakersfield Police Department Detectives Jess Molinar and Stanley Mosley were conducting a narcotics investigation “undercover” in the area of Martin Luther King, Jr., park in Bakersfield, California. The park was known as a location where drug transactions were frequent. The detectives were in the area to “monitor” the drug activity and to “possibly make a purchase.”

The detectives observed a car approach and stop near two men later identified as appellant and Mr. Cortez, who were standing in…