Madden

Bernice Madden and Levi Williams appeal from judgments of conviction against each of them after a joint trial. Ms. Madden was charged in the information filed against her as follows:

Count I—sale of heroin, November 3, 1976 (Health & Saf. Code, § 11352, subd. (a)), one-half ounce or more (Pen. Code, § 1203.07, subd. (a) (2)).

Count II—possession of heroin for sale (Health & Saf. Code, § 11351, subd. (a)), one-half ounce or more (Pen. Code, § 1203.07, subd. (a) (1)).

Count III—sale of heroin, October 27, 1976.

The first two counts charged the same offenses against Mr. Williams. Count IV charged defendant Williams only with being a felon in possession of a pistol (Pen. Code, § 12021).

Defendants waived jury and the case was tried to the court. The parties stipulated the amount of heroin in the balloons (count III) was .4 grams and in a prophylactic (count I) was 49.6 grams.

The court found Madden guilty of counts I and III, not guilty of count II, and found to be true the Penal Code section 1203.07, subdivision (a) (2) allegation in count I.

The court found Williams guilty of count I and found to be true the Penal Code section 1203.07, subdivision (a) (2) allegation…