People v. Ortiz

Appellant and his wife Lupe were charged in an indictment with possession of a narcotic (heroin) in violation of section 11500, Health and Safety Code. It was also charged that appellant had suffered three prior felony convictions, two of which were for burglary; the third involved narcotics.

Both appellant and his wife were found guilty as charged. The court also determined that the alleged prior convictions were true. Appellant’s motion for a new trial was denied. He was sentenced to the state prison. He has appealed from the judgment and order denying his motion for a new trial.

In the…