Newell

Defendant appeals from the judgment entered following a non jury trial that resulted in his conviction of the crimes of possessing heroin (Health & Saf. Code, § 11500), and possessing heroin for purposes of sale (Health & Saf. Code, § 11500.5). The trial court recognized that since only one act of possession was involved, the violation of section 11500 constituted a lesser offense necessarily included within the more serious offense proscribed by section 11500.5. Therefore, the court properly refrained from imposing any sentence on account of the lesser included offense. (Cf. People v. Miranda, 254 Cal.App.2d 517 , 523 et seq. [ 62 Cal.Rptr. 339 ] and cases cited therein.)

The sufficiency of the evidence bearing upon appellant’s guilt is not challenged, By way of assignment of error appellant contends only that “The admission of evidence seized from a warrantless search not incident to a lawful arrest was error and will not support the judgment of conviction.” We have concluded that the trial court’s determination on this issue is supported by the record herein.

“Reasonable or probable cause for an arrest has been the subject of much judicial scrutiny and decision. There is no…