State v. Valenzuela

HAYS, Chief Justice.

Defendant, Jack S. Valenzuela, was convicted of possession of heroin, with a prior conviction, to both of which charges he had pleaded not guilty. The finding of guilty of the charge of possession of heroin was the result of a jury trial, and no errors in that trial are claimed by defendant.

The finding of guilty of a prior conviction was the result of a finding by the trial judge, without a trial, and it is this finding of which defendant complains, since under our statutes the sentence without a prior cannot exceed 25 years, while with a prior, the maximum is life. (See…