Flores

Statement of the Case

Defendant Ebaristo Flores appeals from a judgment (order placing him on probation) following his conviction, based upon his plea of guilty, of possession of heroin in violation of Health and Safety Code section 11350.

*479 Procedural History and Facts

On December 2, 1983, defendant Flores and three other individuals were arrested for possession of heroin and possession of heroin for sale, following the search of a Eureka motel room conducted by the Humboldt County Drug Task Force pursuant to a search warrant. Defendant Flores and one of the other individuals arrested, one Jesus Martinez, were Mexican field workers who were illegally in the United States. Defendant and Martinez were booked into the Humboldt County Jail on the day of their arrest, but shortly thereafter a member of the Drug Task Force notified the Immigration and Naturalization Service (INS) that they were illegal residents. On December 14, 1983, the Humboldt County Sheriff’s Department delivered both men to the INS, and both men were thereafter deported to Mexico. No criminal charges were filed against defendant until December 20, 1983, after he had already been deported. A warrant…