KINGSLEY, J.
Defendant was charged (Count I) with possession of heroin for sale, in violation of section 11500.5 of the Health and Safety Code, and (Count II) with possession of marijuana, in violation of section 11530 of the Health and Safety Code. A prior felony conviction was also charged. After a trial, he was found guilty on both counts; a motion for a new trial was made and was granted on the ground of an error of law. On the retrial, jury was duly waived; he...
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