Alesi

Defendant was charged with, and found guilty of, possession of heroin in violation of Health and Safety Code, section 11350. Three prior convictions were charged and found true, but these were stricken for the purpose of sentence.

*539 The dispositive facts are set forth in the transcript of the preliminary hearing of July 13, 1976.

An Officer McMahon of the Glendale Police Department testified that he was present at defendant’s arrest on June 10, 1976. In addition, he testified that prior to the arrest he received information that defendant was on parole and “possibly running” on a violation. McMahon contacted the Burbank parole office and spoke to the duty officer there. The duty officer said that if defendant was located, the police were to arrest him; that a teletype warrant would be provided. McMahon was told by an Officer Rollins that Parole Officer Smith verified defendant was wanted and to pick him up on a teletype warrant. On that day (June 10, 1976) McMahon went to the Eagle Rock Plaza in Los Angeles and observed defendant standing in front of the Sav-On Drugstore with a female. A Pinto was seen to drive up and stop in front of defendant and a conversation…