Hambarian

*646 Opinion

Defendant appeals from a judgment of conviction of various violations of the Health and Safety Code relating to narcotics and dangerous restricted drugs.

Defendant was charged in an indictment with six counts, all arising out of alleged conduct on December 15, 1971: count I, manufacturing LSD (Health & Saf. Code, § 11912); count II, possession of LSD for sale (Health & Saf. Code, § 11911); count III, possession of marijuana for sale (Health & Saf. Code, § 11530.5); count TV, possession of mescaline for sale (Health & Saf. Code, § 11500.5); count V, maintaining a place for sale of narcotics (Health & Saf. Code, § 11557); and count VI, conspiracy to commit the other offenses (Pen. Code, § 182, subd. 1). By an amendment to the indictment, it was charged that defendant had suffered a prior conviction of a violation of Health and Safety Code section 11530 (possession of marijuana), which defendant admitted.

The case was tried to a jury. During the trial, counts I (manufacturing LSD) and VI (conspiracy) were dismissed on motion of the prosecution. The jury found defendant guilty of counts II (possession of LSD for sale), III (possession of marijuana for sale), and IV…

An appellate court may not on direct appeal from a judgment take judicial notice of or consider matters that were not considered by the trial court, especially hearsay declarations inadmissible in the trial court and not in existence at the time of trial. (People v. Pearson, 70 Cal.2d 218, 221-222, fn. 1 [ 74 Cal.Rptr. 281 , 449 P.2d 217 ]; see also Evid. Code, § 459.)

Appellant’s petition for a hearing by the Supreme Court was denied June 13, 1973.

Defendant appeals from a judgment of conviction of various violations of the Health and Safety Code relating to narcotics and dangerous restricted drugs.

Defendant was charged in an indictment with six counts, all arising out of alleged conduct on December 15, 1971: count I, manufacturing LSD (Health & Saf. Code, § 11912); count II, possession of LSD for sale (Health & Saf. Code, § 11911); count III, possession of marijuana for sale (Health & Saf. Code, § 11530.5); count IV, possession of mescaline for sale (Health & Saf. Code, § 11500.5); count V, maintaining a place for sale of narcotics (Health & Saf. Code, § 11557); and count VI, conspiracy to commit the other offenses (Pen. Code, § 182, subd. 1). By an amendment to the indictment, it was charged that defendant had suffered a prior conviction of a violation of Health and Safety Code section 11530 (possession of marijuana), which defendant admitted.

The case was tried to a jury. During the trial, counts I (manufacturing LSD) and VI (conspiracy) were dismissed on motion of the prosecution. The jury found defendant guilty of counts II (possession of LSD for sale), III (possession of marijuana for sale),…