People v. Hawkins

Opinion

HANSON, J.—

Introduction

This is an appeal by a defendant in a criminal case from an order revoking probation on the grounds that the trial court abused its discretion, acted arbitrarily and capriciously, and that he was denied “due process” and was subjected to “cruel and unusual punishment.”

Background

On August 4, 1971, the defendant was charged in a two-count information of selling, furnishing or giving away a restricted dangerous drug (seconal) on or about June 4, 1971, in violation of Health and Safety Code section 11912 (count I), and of unlawfully offering to sell, furnish,…