State v. Moreno

KRUCKER, Chief Judge.

This is an appeal by Fernando Moreno from a sentence of not less than eight nor more than ten years imposed for conviction of unlawful possession of a narcotic drug (heroin) for sale upon his pleading guilty thereto. The plea was the result of a plea bargain. Two other charges, sale of a narcotic drug and assault with a deadly weapon, were dismissed.

At the time of sentencing on October 15, 1971, there was a mitigation hearing and testimony to the effect that appellant could be accepted into a drug rehabilitation program.

The sole question presented on appeal is whether the…