Arzola

Defendant was charged by information with violation of Health and Safety Code, section 11503 (sale or furnishing substance falsely represented to be a narcotic and delivering a non-narcotic in lieu thereof). Prior to the commencement of trial, on motion of the People and over objection of defendant, the information was amended to allege one prior felony conviction. Defendant admitted the prior, but subsequently, on motion of the defense, the prior was ordered stricken from the information. A jury trial was held and the defendant was found guilty as charged. A motion for a new trial was made and denied, and a probation report was ordered. On August 6, 1965 the criminal proceedings were adjourned, and a petition was ordered filed pursuant to Penal Code, section 6451 (now Welf. & Inst. Code, § 3051). On February 14, 1966 the defendant was sentenced to state prison for the time prescribed by law. An initial appeal was taken in this ease from the denial of the motion for a new trial; that appeal was subsequently dismissed when an appeal from the judgment was taken. This appeal is from the judgment.

Facts

On April 16, 1965, Deputy Sheriff Rodriguez was working as an undercover agent…