Kurland

By information appellant was charged in eight counts with eight violations of Business and Professions Code section 4390, alleging that he did “fraudulently make, pass, utter and publish a certain fictitious prescription for methamphetamine, knowing said prescription to be fictitious.” Appellant pleaded not guilty and not guilty by reason of insanity. Trial by jury and the right to confront witnesses were waived, and the cause was submitted on the testimony contained in the transcript of the preliminary hearing plus testimony by appellant in his own behalf. The court found appellant guilty as charged. The plea of not guilty by reason of insanity was withdrawn and appellant was granted probation on various terms and conditions. This appeal is from the judgment (order granting probation).

Appellant was a doctor, licensed to practice medicine since 1964. Beginning in July of 1971 he experienced difficulty prescribing drugs for patients because of delays involved in processing his application for a certificate from the Bureau of Narcotics and Dangerous Drugs authorizing him to dispense and prescribe restricted drugs under the Federal Drug Abuse Prevention and Control Act of…