Garcia

Defendant Gumeeindo Hugo Garcia and Mary Ellen Garcia, his wife, were jointly charged in Count I with possession of heroin (Health & Saf. Code, § 11500) and in Count II with possession of heroin for sale (Health & Saf. Code, § 11500.5). A prior felony was charged against defendant Gumeeindo. They pled not guilty and the prior was denied. After a trial by the court, a jury having been duly waived, both defendants were found guilty on Count I (possession), Count II was dismissed, and the alleged prior was found not to be true. Gumeeindo was committed to the California Narcotic Rehabilitation Center, pursuant to proceedings under section 6451 of the Penal Code. Subsequently he was returned from that institution as unfit for its program, the criminal proceedings were resumed, probation was denied, a prison sentence was imposed, which was then suspended and he was put on five years’ probation. He has appealed.

Gumeeindo was on parole from the California Youth Authority. Ten days or two weeks before the events herein involved, Officer Loeber had been advised by a Youth Authority Parole officer that a warrant for his arrest, as a parole violator, was outstanding, and the officer was…