Verin

Defendant David Khalife Verin (appellant) appeals a judgment, following his conviction by jury, for possessing heroin (Health & Saf. Code, § 11350).

I. Facts

On October 11, 1988, Officers Poehlman and Perez were working with a special drug enforcement unit in response to citizen complaints about drug activity in the Papago Court area. At approximately 7:25 p.m. Poehlman received a radio transmission from another member of the unit describing two males leaving the Papago courtyard. Shortly thereafter Poehlman observed two men fitting the description exiting the area. Poehlman then radioed other available officers in the vicinity, describing appellant and his companion. He never indicated that they should be stopped.

Perez, who was in police uniform and driving a marked vehicle, received Poehlman’s radio communication. Perez parked his car and got out. As appellant and his companion neared Perez’s patrol vehicle, Perez stated, “Hold it. Police” or “Hold on. Police.” Perez never activated the emergency lights nor displayed any weapons. Appellant’s companion immediately stopped; however, appellant continued walking a couple of steps. Appellant then turned to his side, put…