Hockersmith

Defendant Mary Hockersmith was charged with possession of cocaine. (Health & Saf. Code, § 11350.) It was further alleged she had suffered a prior conviction for sale of a narcotic within the meaning of Health and Safety Code section 11370, subdivision (a). Following a jury trial, defendant was found guilty of possession of cocaine. The trial court denied probation and sentenced defendant to the low term of 16 months in prison. In sentencing defendant, the trial court specifically stated it was denying probation only under the compulsion of Health and Safety Code section 11370, subdivision (a), and the only basis for such action was a finding the alleged prior conviction was true.

Defendant contends the alleged prior conviction was neither admitted nor proved at trial. We have reviewed the record and it appears defendant did not admit the charged prior. No motion was made to bifurcate trial of the prior from the main charge, nor did defendant waive jury trial with respect to it. In addition, neither the clerk’s nor the reporter’s transcript indicates that a hearing was had or that any evidence was taken with respect to the charged prior.

Respondent concedes the record is…