Suber

After a court trial defendant was found guilty of a violation of section 11501 of the Health and Safety Code. On January 17, 1963 criminal proceedings were adjourned under then section 6451 of the Penal Code—now section 3051 of the Welfare and Institutions Code. On May 26, 1965 he was returned from the narcotic rehabilitation center for further criminal proceedings. On July 14, 1965 his motion for a new trial was denied and he was sentenced to the state prison for the term prescribed by law. He then appealed.

Facts.

On April 4, 1962 Welsey E. Toles was an undercover officer of the Los Angeles Police Department. At about noon of that *1010 day Toles and one Dudley met defendant at the corner of Kenwood and Adams. There was a conversation. Defendant said he was trying to score. Dudley said: “That is what we are trying to do.” Defendant said “We might as well try together. ’ ’

Defendant and another person (John Doe) then entered Toles ’ car. Defendant directed Toles to 1186 West 37th Drive. Toles gave defendant a ten dollar bill. Defendant got out of the ear and went into an apartment. He returned in about ten minutes. He said he had to make a telephone call. ‘This is almost a…