People v. Enriquez

Opinion

AGLIANO, J.

The People appeal from an order of the trial court granting defendant probation following her conviction for sale of PCP (phencyclidine). We determine the trial court had no authority to grant probation and reverse the order.

Defendant was charged by information filed September 6, 1983, with a violation of Health and Safety Code section 11379.5 (sale of phencyclidine (PCP)) committed on January 10, 1983, and further that defendant was ineligible for probation pursuant to the provisions of Penal Code section 1203.07. Defendant entered a plea of not guilty and denied the…