State v. Cantu

OPINION

WREN, Judge.

The defendant was indicted on two counts charging the sale of heroin. On June 1, 1976 he submitted the question of his guilt or innocence to the court on the basis of the departmental and chemists’ reports and the grand jury minutes. On June 4, the court found the defendant guilty on Count I and not guilty on Count II. He was given ten years probation with the condition that he be committed to the department of corrections for 365 days.

On appeal defendant urges that his submission on the record was tantamount to a guilty plea and that the failure of the court to inform him…