Wright
People v. Wright
Opinion
Opinion
Hanson, J.
This is a consolidated People’s appeal and petition for writ of mandate regarding an order made by the superior court on August 22, 1974, which diverted Kevin Roscoe Wright (hereinafter referred to as defendant) to a special rehabilitative treatment center afforded to first-time drug offenders pursuant to Penal Code sections 1000-1000.3.
By information dated May 29, 1974, defendant was charged with possession for sale of marijuana (count I, Health & Saf. Code, § 11359, subd. (a)), and with possession of marijuana (counts II and III, in violation of Health & Saf. Code, § 11357, subd. (a)).
After taking the required waivers, defendant was tried by the court and was acquitted as to counts II and III. As to count I, defendant was found not guilty of possession for sale of marijuana (Health & Saf. Code, § 11359, subd. (a)), but guilty of the lesser included offense of possession of marijuana (Health & Saf. Code, § 11357, subd. (a)).
At the conclusion of trial defendant requested to be diverted on the lesser included offense. The court took the request under submission and after the filing of a probation report, granted the defendant’s request.