Salas

Appelant was found guilty of a violation of Health and Safety Code section 11352, possession of heroin for sale. The jury also found that appellant had a prior felony conviction, possession of marijuana. He appeals from the whole of this judgment.

One Edward Faias, a narcotic user, approached appellant in a tavern and asked to purchase some heroin. Faias was a police informer who had been skin-searched by police officers, wired with a concealed portable transmitter designed to broadcast to a tape recorder, provided with $10, and sent forth for the specific purpose of purchasing heroin from appellant. Faias claimed to have purchased heroin from appellant before. He was being paid by the police for his efforts as an informer, and he also may have expected to escape prosecution for a pending suspected burglary.

The taped record was garbled and inconclusive as to what took place, but an officer who monitored the conversation at the scene and heard parts of it was able to positively identify the voice of appellant. Other evidence was conflicting as to whether Faias made a purchase of heroin from appellant, from someone else in the tavern, or at all. But Faias did in- fact…