People v. Francis

An information was filed charging Gary Dale *70Francis with selling and giving away marijuana (Health & Saf. Code, § 11531. )1 A jury trial was waived, and the ease was submitted on the preliminary hearing transcript. The court found Francis guilty of possession of marijuana (Health & Saf. Code, § 11530), which the court determined to be "a lesser offense than that charged . . . but necessarily included therein.’' The court denied probation and sentenced him to imprisonment in the state prison for the term prescribed by law.

Francis appeals from the judgment contending, among other things, that…