Love

This is an appeal from a judgment of conviction of a violation of section 11500.5, Health and Safety Code (possession for sale of heroin).

In an information filed on March 3, 1965. in Los Angeles, defendant was charged with possessing heroin for sale on January 21, 1965. Defendant pleaded not guilty and in a jury trial was found guilty as charged. Criminal proceedings were adjourned at the instance of defendant and the sheriff was ordered to file a petition pursuant to secion 6451 of the Penal Code for the defendant to be examined and a determination made whether defendant was addicted to the use of narcotic drugs or was in imminent danger of becoming so addicted. Defendant was committed to the Department of Corrections. California Rehabilitation Center at Corona on or about June I, 1965, and received at the center on June 4, 1965. On July II, 1965, defendant escaped from the center. Several months later, on November 3, 1965, defendant ivas arrested by the police. He was in the apartment of a female parolee where the parole officer found a large amount of heroin.

Defendant, although placed under arrest at the apartment fled the scene and two days later was caught. Defendant was…