Flores

Defendant Peter Garcia Flores appeals from a judgment of conviction for sale of heroin (Health & Saf. Code, § 11352), and from the sentence imposed for such conviction which was enhanced because of a prior conviction for possession of marijuana on April 27, 1966.

On November 22, 1977, Winston Pingrey, an undercover officer for the Riverside County Sheriff’s office, and Delvin Walton, an informant, met with Vivian Willet at an apartment she shared with Cruz Aguirre in the City of Elsinore. When the two men arrived at the apartment, Willet was present with a male Latin who was introduced simply as “homes.” Pingrey and Walton left after Willet told them that Aguirre was out “trying to score” and would be returning soon. They returned approxi mately an hour later and saw the man previously introduced as “homes” sitting in the passenger seat of a vehicle parked in front of the apartment. The defendant Flores was sitting in the driver’s seat.

As Pingrey and Walton entered the apartment, Walton pulled $10 from his pocket. Willet advised them “ ‘We don’t have any $10 bags either. They’re all quarter bags,’ ” to which Pingrey responded that he would make up the price difference.…