People v. Berutko

Defendant Fred Leon Berutko was charged by information with one count of possession of heroin (Health & Saf. Code, § 11500) and one count of possession of heroin for sale (Health & Saf. Code, § 11500.5), The information also charged one prior conviction for possession of heroin. He entered a plea of not guilty to the charged offenses and denied the prior conviction. Trial by jury was waived and the cause was submitted on the transcript of the preliminary examination; by stipulation all exhibits received at the preliminary examination were marked for identification and offered into evidence…