People v. Hinojosa

Opinion

BALLANTYNE, J. *

Statement of the Case

Appellant stands convicted, following a jury trial, of selling more than one-half ounce of a substance containing heroin (Health & Saf. Code, § 11352). The trial judge denied probation and sentenced appellant to state prison for the term prescribed by law. On appeal, the sole issue is the propriety of the indeterminate sentence imposed by the trial court. At sentencing on December 21, 1977, defense counsel urged the judge to impose the lower term under the determinate sentencing law, but the court refused and instead imposed an indeterminate…