Vielma

On June 22, 1965, appellant was charged by-information with possession of heroin (violation of Health & Saf. Code, § 11500). Three prior felony convictions involving-marijuana and heroin were also charged.

Appellant waived jury trial. He was found guilty. The first two priors were stricken; the court found the third prior, illegal importation of heroin, to be true and sentenced appellant to state prison for the term prescribed by law.

On May 19, 1965, Officer Maga of the Narcotics Division, Los Angeles Police Department, obtained a search warrant to search appellant’s apartment, a 1958 Ford, license number IBR 487, and the persons of Eleanor Madrid and appellant for narcotics. The affidavit in support of the warrant stated that on April 24, 1965, an unnamed informant, known to be reliable, disclosed to Officer Maga that appellant (known also as Caíalo) and Eleanor Madrid (known also as Carreen and Hollé) were selling heroin from the apartment and had sold some to the informant. The telephone number, NO 4-7471, for arranging a sale was also supplied and the officer was told a 1958 Ford, license number IBR 487, belonging to Eleanor, was used if delivery were required.

Officer…