Haven

By an information filed February 6, 1979, in the Superior Court of Humboldt County defendant and appellant Betty Lou Haven was charged with two counts of violating Health and Safety Code section 11352 (sale of heroin), one count of violating Penal Code section 137, subdivision (b) (threatening a witness) and one count of violating Penal Code section 182 (conspiracy to sell heroin). Appellant initially entered a plea of not guilty to all counts. Believing that the cumulative effect of charging all four counts would result in prejudice, appellant moved for an order severing count one (sale of heroin) from the remaining counts. Appellant’s motion was denied.

On August 6, 1979, pursuant to a plea bargain, appellant withdrew her plea of not guilty and entered a plea of no contest to one count of violating Health and Safety Code section 11352. The plea was entered with the understanding that the trial court would sign a certificate of probable cause in order that appellant could argue on appeal that the denial of her severance motion was erroneous. (Pen. Code, § 1237.5.)

Appellant was sentenced to state prison for four years. A certificate of probable cause was filed and…