Brooks

Defendant appeals from judgment entered upon his conviction of one charge of possession of marijuana (Health & Saf. Code, § 11530) on December 21, 1962, of charges of possession of heroin (id., § 11500), possession of marijuana (id., § 11530) and sale of marijuana (id., § 11531) on *666 July 2, 1963, and of a charge of possession of heroin (id., § 11500) July 11, 1963.

He originally appeared with the public defender, was arraigned on the indictment containing the first charge and on an information setting forth the last four charges and entered his pleas of guilty to counts I and III of the latter. Counts II and IV of the information and the indictment were dismissed. At a hearing on his motion for probation he was denied probation, was sentenced to the state prison, and was granted a one-week’s stay of execution. He then substituted private counsel and a motion to set aside the judgment was granted, the dismissed counts and indictment were reinstated and he entered a plea of not guilty to each charge. Thereafter the indictment containing the first charge was consolidated with the information for trial. Motions to dismiss count IV of the information under Penal Code, section 995…