People v. Marsden

Defendant was charged with a violation of Health and Safety Code, section 11531 (sale, furnishing or giving away a narcotic). Three prior felonies (none involving narcotic offenses, and the latest about nine years previously) were charged and admitted. After a jury trial, defendant was found guilty as charged. Application for probation was waived, no motion for new trial was made; defendant was sentenced to prison for the term prescribed by law, the sentence to run concurrently with time owed on his prior felonies. He has appealed from the judgment.

The sole evidence against defendant was that…