Avila

This is an appeal from a judgment of conviction on a charge of violating section 11500, Health & Safety Code (unlawful possession of heroin).

In an information filed in Los Angeles County on August 15, 1962, appellant was charged with unlawfully possessing heroin on or about July 18, 1962. A jury trial was waived and appellant was found guilty as charged. A motion for a new trial was denied. Proceedings were instituted to commit appellant under section 6451 of the Penal Code and upon rejection thereof probation was denied and appellant was sentenced to the state prison for the term prescribed by law.

A résumé of some of the facts in this case is as follows: Officer Fesler, a thoroughly experienced narcotics officer of the Los Angeles Police Department (who had made hundreds of arrests, examinations and had testified many times as an expert witness in narcotic matters) started an investigation sometime in April 1962 which involved the appellant. The officer had received information from a person (to whom he referred as a reliable confidential informant) to the effect that an individual named Rex or Rudy was dealing in narcotics from an apartment at 177 North Toluca Street. Fesler…