Konkel

This is an appeal from a judgment of conviction of possessing narcotics.

*633 In an information filed in Los Angeles on July 1, 1965, defendant was charged in count I with having in his possession for sale marijuana on January 27, 1965, in violation of section 1153Q.5, Health and Safety Code; in count II with having heroin in his possession on January 27, 1965, in violation of section 11500, Health and Safety Code. A jury trial was waived and it was stipulated that the cause be submitted upon the testimony contained in the transcript of the proceedings had at the preliminary hearing, and that all exhibits received at the preliminary hearing be deemed received into evidence, subject to the trial court’s rulings. Defendant was found guilty as charged. The criminal proceedings were adjourned as it appeared that defendant was addicted, or, by reason of repeated use of narcotics, was in imminent danger of becoming addicted to narcotics. It was ordered on November 17, 1965, that a proper petition under the circumstances be filed and heard. The defendant was found to be not acceptable to the program of the California Rehabilitation Center and its case numbered MDA 5052 was ordered…