Melgoza

Ruben Joe Melgoza was accused by amended indictment of two offenses of the sale of heroin, with prior convictions of violation of the narcotic laws, and the alteration of post office money orders for which offenses he had served prison terms. In a nonjury trial in which he was represented by counsel, Melgoza was convicted of both offenses and was sentenced to state prison. The prior convictions were proved and shown in the judgment. Defendant appeals from the judgment in propria persona.

Upon his application for appointment of counsel on the appeal the matter was referred to the Los Angeles Bar Association Committee on Criminal Appeals. A report was received from a member of the committee stating that the appeal appeared to be without merit and the court having examined the record denied the application for reasons hereinafter appearing. Defendant has filed an opening and a reply brief.

There was evidence of the following facts. February 4, 1959, defendant sold to Deputy Sheriff Renteria of Los Angeles County a gram of heroin for which he was paid $20. On the following day he sold Deputy Renteria nine capsules of heroin for which he was paid $20. The first transaction took place…