Lopez

By an indictment the defendant Lopez was accused of the crime of violation of section 11503 of the Health and Safety Code. It was also alleged that at a time prior to that offense he had been convicted of the crime of violation of section 11500 of the Health and Safety Code, a misdemeanor. In a jury trial, in which he was represented by a deputy public defender, he was found guilty. At the time set for the imposition of judgment the allegation as to the prior offense was found to be true. His motion for a new trial was denied. Probation was denied and he was sentenced to the state prison. The appeal is from the order denying the motion for a new trial and from the judgment.

Evidence which gave support to the case of the People will be stated. Milton J. Reade, a Deputy Sheriff for the County of Los Angeles who was assigned to the narcotics detail, testified that he was introduced to the defendant by an informant on February 4, 1961. The defendant said he wanted the witness and the informant to “go in partner ships ’ ’ with him in the purchase of a kilo of marijuana. The three men were to meet again at the same location at 7 o ’clock in the evening. At the time set the meeting was…