Hawkins

Introduction

This is an appeal by a defendant in a criminal case from an order revoking probation on the grounds that the trial court abused its discretion, acted arbitrarily and capriciously, and that he was denied “due process” and was subjected to “cruel and unusual punishment.”

Background

On August 4, 1971, the defendant was charged in a two-count information of selling, furnishing or giving away a restricted dangerous drug (seconal) on or about June 4, 1971, in violation of Health and Safety Code section 11912 (count I), and of unlawfully offering to sell, furnish, transport, administer and give a narcotic to a police officer and supplying a liquid substance in lieu of said narcotic on the same date in violation of section 11503 of the Health and Safety Code (count II).

On August 19, 1971, the defendant, represented by counsel, pleaded not guilty. He was tried and convicted and on November 3, 1971, in lieu of granting a new trial, the court reduced count I from Health and Safety Code section 11912 to Health and Safety Code section 11911, a lesser offense, dismissed count II, and sentenced the defendant to state prison for the term prescribed by law, suspended…