Rosales

By indictment defendant was charged with selling narcotics, heroin, in violation of section 11501 of the Health and Safety Code. Defendant entered a plea of not guilty. Trial was by the court, defendant personally and all counsel having waived trial by jury. Defendant was found guilty as charged. Probation and defendant’s motion for new trial were denied and defendant was sentenced to state prison for the term prescribed by law. Defendant appeals from the judgment and the order denying motion for a new trial.

Defendant filed his notice of appeal in propria persona. Thereafter, he made a motion to this court to have counsel appointed to represent him. This court granted the motion and counsel was appointed.

At the trial Louis Estrella testified in substance as follows: that he was an undercover agent for the Narcotics Division of Los Angeles Police Department. On April 17, 1961, he met defendant at approximately 6 :15 p.m. at Martha’s Café in Los Angeles. He knew defendant by the name of “Pinky.” At the time he met defendant he was accompanied by an informant known to him only as “Pelón.” Defendant approached him and asked “What do you have?” He told defendant he had three…