Dominguez

Defendant was charged with a violation of section 11500 of the Health and Safety Code (possession of heroin); two prior felony convictions were alleged. He pled not guilty and denied the priors. Jury trial was duly waived, both as to the offense charged and as to the priors; the ease was submitted on the transcript of the preliminary examination and, as to the priors, on the probation report. He was found guilty, the priors were found to be true as alleged, probation was denied, and he was sentenced to state prison.

Shortly after midnight, the parole agent-manager of a halfway house for narcotic addicts, maintained by the Department of Corrections, discovered defendant and a companion in the lobby of the building. They were not residents and it was long after visiting hours. The manager challenged them; the companion ran away; at the manager’s request defendant went to the manager’s office. He was incoherent and gave other evidence of being under the influence of either alcohol or drugs. The manager called the police. When the officer arrived, he found defendant in what the officer described as “a stuperous condition” and had the odor of alcohol on his breath. The officer asked…