Leslie

Appellant Robert A. Leslie, M.D., appeals from a judgment of the superior court denying his petition for writ of mandate. In his petition, appellant challenged the decision of the Board of Medical Quality Assurance (tiie Board) to discipline appellant, placing him on probation from the practice of medicine for five years, including a ninety-day actual suspension and a mandatory examination following a training program. The Board’s decision increased the degree of discipline proposed by the administrative law judge. The Board’s decision, however, adopted the administrative law judge’s factual findings that appellant had been convicted on one count of prescribing to persons not under his treatment (Health & Saf. Code, § 11154), five counts of prescribing to habitual users (Health & Saf. Code, § 11156) and two counts of excessive prescribing (Bus. & Prof. Code, § 725), constituting unprofessional conduct which related to the qualifications, functions and duties of a physician.

In denying the petition for mandate the trial court’s minute order (of which we have taken judicial notice) states in part: “Petitioner was disciplined based solely upon his criminal convictions for…