Erickson

In an information filed by the District Attorney of Los Angeles County, defendant Gary Lynn Erickson and two codefendants (not appealing) were charged with a violation of section 11500 of the Health and Safety Code, possession of a narcotic, heroin. The information charged defendant with a prior conviction of a felony, to wit, possession of narcotics. Defendant pleaded not guilty and denied the prior felony conviction. Trial was by the court, jury trial having been duly waived by defendant and all counsel. Defendant was found guilty. No finding was made on the alleged prior conviction.

Defendant waived expressly the right of a referral of his ease to the probation department and personally requested the court to pronounce sentence forthwith. He was sentenced to the state prison for the term prescribed by law and sentence was ordered to run concurrently with any other sentence that defendant may either be serving or is subject to serve. This is an appeal from the judgment of conviction.

A summary of the evidence adduced is as follows: John Olsen and Arthur F. Van Court, narcotic officers, on June 6, 1961 “staked out” in front of an apartment building at 11450 Van Owen .Street in…