Lovett

After a jury trial defendant was found guilty of a violation of section 11351, subdivision (a) of the Health and Safety Code—possession of heroin for the purpose of sale—as charged in the information. Three prior felony convictions, which defendant had admitted, were found to be true. Probation was denied. Defendant appeals.

Issues

The heroin which formed the basis of defendant’s conviction was discovered during the execution of search warrant 8378. Defendant’s first two points on appeal relate to the validity of the warrant and the search pursuant thereto.

The heroin that had been found as a result of the search pursuant to the warrant had disappeared from the courtroom after the preliminary . hearing. This presents the only novel issue on this appeal.

Defendant’s remaining points relate to routine issues arising during and after the jury trial.

Facts

The warrant in question was issued on April 27, 1977, and authorized the search of premises known as 1227½ West Washington Boulevard, a location further described as a “two-story building . . . tan brick in front.” The warrant also authorized a search of the person of defendant “David Charles Lovett, Jr., AKA Hippy…