Marquez

Opinion.

Appellant, Emilio Valdez Marquez, was charged by information with two counts of sale of heroin (Health & Saf. Code, § 11352) and one count of possession of heroin for sale (Health & Saf. Code, § 11351). Before trial one count of heroin sale was dismissed. Following trial by jury, appellant was convicted of the two remaining counts. The trial court sentenced appellant to state prison for the middle term of four years for the heroin sale plus a consecutive one-year term for possession of heroin for sale. Appellant filed a timely notice of appeal.

Facts

In early September 1984, Sergio Santos, a Tulare County narcotics detective, entered into an agreement with Robert Hernandez, a heroin user, by which Hernandez would work as an undercover purchaser of heroin in return for Santos’s “help” in some pending misdemeanor cases. Santos had received numerous calls regarding suspected heroin sales at appellant’s home in Earlimart. Santos knew appellant had been convicted in 1978 for heroin sale.

On September 12, 1984, Santos directed Hernandez to meet him on the outskirts of Earlimart. There, Santos strip searched Hernandez, determined that he had no heroin in his possession and…