People v. Traylor

Opinion

KAUS, P. J.

Defendant was charged by information with a violation of section 11500.5 of the Health and Safety Code, possession of heroin for sale, and he entered a plea of not guilty. Two prior felonies were alleged and denied by defendant. Trial by jury was waived.

Defendant was found guilty of possession of heroin (Health & Saf. Code, § 11500), as a lesser and necessarily included offense to the crime charged. Defendant’s motions for a new trial and for probation were denied, and he was sentenced to state prison, with a request for diagnostic information and recommendation under…