Pargo

*530 Opinion

Defendant was charged in a two-count information with selling heroin on the 16th and 18th of April, 1969. It was further alleged that he had prior to that date suffered seven prior felony convictions as follows: (1) robbery in Missouri in 1938, (2) robbery in Alameda County in California in 1943, (3) escape in Marin County in California in 1952, (4) violation of section 11500 of the Health and Safety Code in Los Angeles, California, in 1955, (5) violation of section 11500 of the Health and Safety Code in Los Angeles, California, in 1957, (6 & 7) two counts of violation of section 11501 of the Health and Safety Code in April 1960, in Los Angeles.

Defendant was arraigned on the information and pleaded not guilty, denied the allegations of the priors and the matter was first set for trial on August 14, 1969.

Defendant made a motion for discovery on July 17, 1969, but at his request the matter was subsequently continued a number of times until finally on December 10, 1969, the matter proceeded to trial. On that date defendant made a pretrial discovery motion during which testimony was taken from the investigating officer. The defendant admitted six prior convictions…