Rodriguez

Appellant was charged with selling heroin and with the conviction of a prior narcotics offense; pleaded not guilty to the charge of selling; and denied the prior conviction. His wife, as a codefendant, was charged with another and separate sale of narcotics. Both defendants were found guilty of the offenses charged and the allegations charging defendant with a prior conviction were found to be true. Judgment imposing a prison sentence upon appellant was entered accordingly.

The offense of which appellant was found guilty involved a sale of heroin, on May 14,1965, to an informer in the presence of an undercover agent. Appellant testified at the trial • admitted the sale; but asserted the defense of entrapment.

On July 2, 1963, appellant had pleaded guilty to the offense of possession of heroin. Thereafter, pursuant to the provisions of Penal Code section 6451, which now are in Welfare and Institutions Code section 3051, imposition of sentence was suspended and proceedings instituted under that section culminated in appellant’s commitment for treatment as a narcotics addict. At the time of the subject offenses appellant was on parole under the latter commitment.

The contentions…