People v. Thatcher

The People appeal from an order granting probation and suspending imposition of sentence after a guilty plea, on a charge of possession of marijuana, a felony. (Health & Saf. Code, § 11530.) Defendant was charged with, and admitted, a previous conviction of an identical offense. It is contended that the trial court had jurisdiction only to sentence defendant to the state prison.

Health and Safety Code section 11715.6 provides: “In no case shall any person convicted of violating Sections . . . 11530 ... be granted probation ... if such person has been previously convicted of any felony offense…