Pineda

In this appeal from a conviction for illegal possession of heroin, appellant’s two points are: (1) that the judge coerced the jury, and (2) that there was error in the sentencing. There is no challenge to the sufficiency of the evidence to support the conviction.

Officers armed with a search warrant entered a room which was occupied by appellant, appellant’s brother Charles, and Joe Gracia. Charles was under the influence of a narcotic. Gracia had been convicted of possession of narcotics previously. One of the officers testified that he saw an envelope in the hand of appellant and that appellant dropped it to the floor. The envelope contained heroin. Another officer testified that he saw the envelope on the floor at the feet of appellant. Appellant testified that he knew nothing of the envelope until the officers showed it to him. Charles testified that appellant did not have the envelope in his possession but declined to answer whose heroin it was, on the ground it might incriminate him. Gracia testified that earlier in the evening he had seen the envelope in the possession of Charles. Obviously, if the jury were to believe the testimony of the officers, the conviction of…