Scott

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

In an information filed in Los Angeles on June 24, 1965, defendant was charged with having possessed marijuana on May 13, 1965. It was further charged that defendant previously, in August 1957, had been convicted of a violation of *583 section 11500 of the Health and Safety Code and that in July 1964 he again had been charged and convicted of a violation of section 11530 of the Health and Safety Code and had served a term therefor in prison. Defendant pleaded not guilty and denied that he previously had been convicted as charged. It was stipulated on November 3,1965 :

Defendant was asked particularly whether he understood the stipulation and whether he agreed to it. It was explained further that the witnesses who testified at the preliminary hearing probably would not be seen again, that there probably would be no further cross-examination of any witnesses. Defendant’s counsel stated to the court that he had explained to the defendant “what would happen here and I am sure that the defendant understands it, your Honor.” It was further stipulated that the court without a jury could determine the truth or…