Miner

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

In an information filed in Los Angeles on February 6, 1967, defendant was charged with possessing marijuana on January 17, 1967. It was further charged that defendant previously had been convicted of a violation of section 11531 of the Health and Safety Code (selling marijuana) on or about January 1964. Defendant pleaded not guilty. It was stipulated that the cause might be submitted upon the testimony contained in the transcript of the proceedings had at the preliminary hearing, subject to each side’s offering additional evidence. The defendant was found guilty as charged. Although it is clear that defendant previously was convicted as alleged; that a certified copy of the commitment order and the entire superior court file in the previous ease was introduced into evidence showing unequivocally that defendant was convicted and served a term in a prison therefor; yet the judge made no finding as to the truth or falsity of the charge, saying, “the Court is willing to go along and not make any finding on the priors. ...” Defendant was sentenced to the state prison as a first offender. A timely notice of appeal…