Wolfe

This is an appeal from judgments of conviction of selling narcotics.

In an indictment filed in Santa Barbara County on February 21, 1967, defendants were jointly charged in counts I, II and III with having sold marijuana in violation of section 11531 of the Health and Safety Code on December 30, 1966, January 7, 1967, and January 13, 1967, respectively. Wolfe was individually charged in count IV with having sold marijuana on December 25, 1966, Bender was individually charged in count V with having sold marijuana on December 29, 1966. Each defendant pleaded not guilty to the respective charges. In a jury trial each defendant was found guilty as charged in the indictment. Probation was denied. Each defendant was sentenced to the state prison. The sentences were ordered to run concurrently with each other. A timely notice of appeal was filed by each defendant.

Angelo Ortiz was emplo3red as an undercover agent to work at a Columbia Records plant in Santa Maria in September 1966, primarily to ferret out record thieves within the plant. During November 1966, Ortiz was offered some pills by one of the employees and the contraband was delivered to the plant manager. The information with…