People v. Ortiz

Defendant appeals from a judgment of conviction of selling heroin (Health & Saf. Code, §11501). The trial court denied his motion for new trial and application for probation, and sentenced him to state prison for the term prescribed by law.

The sole contention on appeal is that the trial court erroneously ruled that because of the nature of defendant’s offense (sale of heroin) he was ineligible to be considered for the narcotic addict rehabilitation program (Pen. Code, pt. Ill, tit. 7, ehs. 11 and 12), and that the court therefore failed to exercise the discretion vested in it by Penal Code…