Ausbie

Dudley Ausbie (defendant) and Sammie Pickens (not appealing), were charged by an information filed by the District Attorney of Los Angeles County with the crime of possession of a narcotic, heroin, in violation *539 of section 11500 of the Health and Safety Code. The information alleged four prior felony convictions against Dudley Ausbie, to wit, larceny from person on July 1, 1940; grand larceny on May 29, 1944; burglary on December 20, 1948, and illegal sale of heroin on February 11, 1958. Defendant entered a plea of not guilty and denied the prior convictions. Defendant personally and all counsel waived trial by jury.

Defendant did not testify in his own behalf but called codefendant as a witness. Defendant was found guilty and a probation report was ordered. Defendant and all counsel stipulated that the truth or falsity of the priors be submitted to the court for determination at the time of sentence. Defendant’s motion for new trial was denied. The prior convictions were found to be true. Probation was denied and defendant was sentenced to the state prison for the term prescribed by law.

Defendant petitioned this court for the appointment of counsel to represent him on…