People v. Dyer

Defendant appeals from the order of the superior court admitting him to probation.

On June 17,1959, defendant was convicted of selling heroin, a violation of section 11500 of the Health and Safety Code. The information by which defendant was accused included four prior convictions; two for grand theft; one for the use of drugs, and one for a violation of section 11555 of the Health and Safety Code which prohibits possession of a device used for the taking of narcotics. Defendant admitted three of the priors but the prior conviction for use of drugs was dismissed on the motion of the district…