In Re Foss

Opinion

BURKE, J.

Robert Nathan Foss was convicted following a jury trial in the Humboldt County Superior Court of five counts of furnishing heroin in violation of Health and Safety Code section 11501 (now § 11352).1 *916Outside the presence of the jury, petitioner admitted a prior conviction for possession of heroin in violation of Health and Safety Code section 11500 (now § 11350). His prior conviction occurred in November 1957, 14 years before the current charges. That conviction, however, caused petitioner to be sentenced under section 11501 to state prison for a term of 10 years to life,…