People v. Sidener

Defendant appeals from a judgment of conviction on an information charging him with possession of a narcotic (heroin) in violation of Health and Safety Code section 11500. The trial court also found to be true the charge that defendant had been convicted of violating the same section in 1955. At the hearing on probation and sentencing the trial judge refused to consider dismissal of the charge of prior conviction on the ground that the district attorney had made no motion for dismissal as required by *647Health and Safety Code section 11718.1 Probation was denied (Health & Saf. Code, § 11715.6)…