Phillips

An indictment was returned against “John Doe Johnny” and “John Doe Blood” accusing them of two offenses of the sale of marijuana. The indictment was amended by substitution of the name Johnny Phillips for “John D.oe Johnny.” In a jury trial in which he was represented by a deputy public defender, Phillips was convicted of both offenses. He made a motion for new trial which was denied, probation was denied and he was sentenced to state prison *857 on each- count, the sentences to run concurrently with each other. He filed an appeal in propria persona from the judgment and from the order denying his motion for a new trial. He applied for appointment of counsel on the appeal; we read the record, determined that the appeal was frivolous and denied the application. Appellant was notified, was given time to file a brief and none has been filed.

.- The following evidence was received. Officer Gerald L. Ray of the Narcotic Detail of the Los Angeles Police Department, testified that on July 11, 1961, while seated in his car, he was approached by Phillips and asked if he needed any “weed,” and when given an affirmative answer that he would like a “can” defendant offered to find someone…