Gentry

*446 Opinion

Henry Dave Gentry, defendant, has appealed from each of two judgments imposing concurrent sentences in two unrelated criminal proceedings.

In case No. CR-26253, defendant was charged, on April 27, 1972, with possession of marijuana in violation of Health and Safety Code section 11530 (now § 11357), to which he entered a plea of guilty. On November 29, 1972, he was granted probation subject to certain terms and conditions.

In case No. CR-29027, defendant was charged, on April 24, 1973, in three counts, with unlawful possession for sale of controlled substances (heroin) in violation of Health and Safety Code section 11351, unlawful possession of marijuana in violation of Health and Safety Code section 11357, and unlawful possession of paraphernalia used in administering controlled substances in violation of Health and Safety Code section 11364.

In addition, the information in case No. CR-29027 alleged the prior felony conviction of possession of marijuana in case No. CR-26253.

On June 18, 1973, pursuant to a plea bargain, defendant, in case No. CR-29027, pleaded guilty to possession for sale of heroin; the other two counts were dismisssed and the allegation of the…