People v. Wallace

Bruce Allyn Wallace and his wife were charged and convicted of a violation of section 11500 of the Health and Safety Code (possession of heroin). The husband was also charged and convicted of a prior misdemeanor conviction under the same section. Because of this prior conviction, the trial court ruled that it had no power to grant the defendant husband probation, and also ruled that it had no power to act under sections 6451 and 6452 of the Penal Code. For that reason it sentenced the defendant husband to the state prison. The husband alone appeals.

No challenge is made of the sufficiency of…