People v. Overton

Appellant was charged in an indictment with one count of violating section 11530, Health and Safety Code (possession of marijuana). One Robert Otto was charged along with appellant in this count and was charged separately in a second count with the same crime.

Appellant was arraigned and entered a plea of guilty. A probation officer’s report was ordered. Appellant’s motion to vacate his plea of guilty was denied. Probation was denied, and he was sentenced to the state prison.

When appellant’s application for probation came on for hearing, the trial judge stated he had read and considered the…