Evans

This is an appeal from a judgment of conviction of selling heroin.

In an information filed in Los Angeles on December 4, 1967, defendant was charged in three counts with selling heroin on September 18, 1967, September 27, 1967, and October 3, 1967, respectively. It was further charged that defendant previously had been convicted of a violation of section 266h of the Penal Code on March 21, 1960. Defendant pleaded not guilty-on December 5, 1967, and presumably denied the charge of the prior conviction. On January 16, 1968, the causes were called for trial and defendant withdrew his plea of not guilty theretofore entered and pleaded guilty to count 1 as charged. Defendant waived a jury trial as to the charge of the prior conviction and it was stipulated that the determination of the truth of the charged prior conviction and the remaining counts in the information would be disposed of at the time of sentence and judgment with reference to count 1. A motion to withdraw the plea of guilty was denied. On March 19, 1968, defendant was sentenced to the state prison, counts 2 and 3 were dismissed (apparently in the interests of justice) and the charge of the prior conviction was found to…