Aragon

Defendant Omar E. Aragon pleaded guilty to possessing cocaine. On appeal he raises various objections based on his previous conviction of, and punishment for, a charge concerning sale of phencyclidine. While the highly unusual history of the case poses some difficult issues, we will ultimately reject defendant’s contentions. We will also hold that respondent has not preserved for appeal its belated objection to the allowance of credit for time served on the previous conviction.

Background

Defendant was charged in April 1987 with selling phencyclidine (Health & Saf. Code, § 11379.5) and possessing cocaine (Health & Saf. Code, § 11350). Evidence at the preliminary hearing indicated that defendant was involved, with two others, in a sale of phencyclidine to undercover officers. When arrested and searched he was carrying a bindle of cocaine weighing 0.14 grams.

Defendant originally pleaded guilty to the cocaine count and not guilty to the sales count. On June 1, 1987, pursuant to a plea bargain, he pleaded guilty to possessing phencyclidine for sale and withdrew his guilty plea to the cocaine count, which was dismissed along with the phencyclidine sale charge and…