MacAfee

Scott Andrew Macafee appeals from an order admitting him to probation after the court found him "guilty of possession of cocaine (Health & Saf. Code, § 11350). As part of a negotiated disposition appellant had waived trial by jury. Counts charging disorderly conduct (Pen. Code, § 647, subd. (f)) and battery (Pen. Code, § 242) were dismissed, and the drug count was submitted on the preliminary hearing transcript. The appeal challenges a prior determination by the prosecutor that Macafee was not eligible for diversion (Pen. Code, § 1000).

On the night of December 24-25, 1978, appellant approached a passenger in a vehicle and struck him on the side of the head. The victim complained to the police. An officer who came to investigate thought appellant was intoxicated. The officer arrested appellant for disorderly conduct, and the victim made a citizen’s arrest for battery.

The officer took appellant to jail. A booking search revealed a razor blade in a folded piece of paper and a usable quantity of cocaine in a paper bindle.

Appellant challenges the prosecutor’s determination that he was ineligible for diversion. (Pen. Code, § 1000, subd. (b).) That determination is…