Reed

Opinion after retransfer from the Supreme Court following its acceptance of the case on appeal:

In brief, defendant was charged by information with a violation of Health and Safety Code section 11530 (now, § 11357) (possession of marijuana). Defendant was arraigned and pled not guilty. On the date set for trial, defendant appeared in court with his counsel. The trial judge informed defendant that “it has been suggested by the District Attorney that. . . defendant. . . [was] eligible for . . . diversion proceedings under the special proceedings in narcotics and drug abuse laws.”

Defendant’s counsel thereupon notified the court that defendant wished to participate in the diversion proceedings and that he was willing to waive time and have the matter set over for a probation report. The trial judge announced that upon completion of the probation report a decision would be made as to whether or not defendant would be diverted.

In the probation report, it was recommended that this case not be diverted.

On March 13, 1973, defendant appeared in court and represented to the trial judge that he was not an addict, did not take pills, did not smoke marijuana, and that “I…