Hernandez

This is an appeal from a judgment of conviction of possession of heroin.

In an indictment filed August 18, 1965, defendant was charged with the possession for sale of heroin on February 10, 1965- (Health & Saf. Code, § 11500.5). It was further charged that twice previously he had been convicted of violating the provisions of Health and Safety Code, section 11500, namely, on April 3, 1953, and on June 22, 1961, and had Served a term of imprisonment therefor in the state prison. On September 1, 1965, defendant was in court and a public defender was appointed to represent him. Defendant pleaded not guilty.on September 13, 1965, denied the charged prior convictions and further pleaded “ ‘Once in Jeopardy’; that he has been .in jeopardy for the offense charged on May 11, ,-1965 in-the . . . Superior Court in Department 117 and on July 29, 1965 in the . . . Superior Court in Department 103.” After trial by jury, which commenced on October 22, 1965, defendant was found guilty of a violation of section 11500, Health and Safety Code (possession of heroin), a lesser but necessarily included offense. Both charged prior convictions were found to be true. The court found that defendant had…