Adame

Defendant was charged by information filed by the District Attorney of Los Angeles County with the crime of violation of section 11500.5 of the Health and Safety Code (possession for sale of heroin), with a prior conviction of assault with a deadly weapon, a felony, and with having served a term of imprisonment therefor in the state prison. His motion for dismissal of the information under the provisions of section 995 Penal Code was denied and he entered a plea of not guilty to the charge. Although the statement of the district attorney upon the jury waiver proceedings indicates that the defendant, at the time he entered his plea of not guilty, also denied the truth of the allegation of prior conviction, the minutes of the court do not bear this out, A trial by jury was duly waived and by stipulation the cause was submitted for trial upon the evidence taken at the preliminary hearing with the right reserved to both sides to present additional testimony.

At the conclusion of the trial, defendant was adjudged guilty of violation of section 11500 of the Health and Safety Code, a lesser but necessarily included offense within that charged. A probation hearing was had, probation was…