Davis

Defendant was charged with selling heroin (§ 11501, Health & Saf. Code), and five prior felony convictions—grand larceny, selling and distributing opium, obtaining money by false pretenses, robbery and forgery. The case was heard by the court sitting without a jury; defendant was found guilty of possession of heroin, a lesser and necessarily included offense; no finding was made on the first, second or third prior but the fourth and fifth were found to be true. Defendant appeals from the judgment and sentence.

On July 25, 1965, Officer Parks, an undercover narcotic officer, was introduced to defendant at Barbara Ettes ’ apartment on East Adams. Present were defendant, Officer Parks, Barbara and Oscar Coates. Defendant was dressed in black and when he removed his shirt he had tattoos on each shoulder and a scar on his right side. The next day (July 26, 1965) around 4:30 p.m., Officer Parks was riding in Oscar Coates’ Ford when he saw defendant walking eastbound on Sixth Street. Coates called over to defendant and defendant entered the vehicle; Coates told him he wanted him to “score”; defendant asked, “What?” and Coates replied, “A spoon.” Defendant directed Coates to a certain…