People v. Lo Cicero

Defendant appeals from a conviction of furnishing marijuana on November 14, 1967, and of selling marijuana on November 29, 1967, both violations of Health and Safety Code section 11531. We find that no prejudicial error occurred at trial and uphold the convictions. We hold that the trial court erred in ruling defendant ineligible for probation under Health and Safety Code section 11715.6 because of a prior conviction, of a narcotics felony not charged in the indictment. In order to bar a defendant from probation under that section, the prior conviction must be charged and determined according…