People v. Sidener

SCHAUER, J., Dissenting.

In my view section 11718 of the Health and Safety Code1 (both by its terms and as applied here during the trial of the defendant in the superior court on the felony charge of possessing a narcotic drug in violation of section 11500 of the same code) is unconstitutional under both the United States and California Constitutions in that it denies the defendant due process of law in the adjudication of material issues affecting probation and sentence (U.S. Const., 5th and 14th Amends.; Cal. Const., art. I, § 13). In particular, section 11718 has deprived the defendant at…