Ingram

In superior court case No. A-050632, appellant (defendant below) was charged with a violation of Health and Safety Code section 11532 (selling, furnishing, administering and giving marijuana to a minor). Superior court case No. A-050838 was consolidated with the aforementioned case charging as count II a violation of Health and Safety Code section 11530 (possession of marijuana) and as count III a violation of Health and Safety Code section 11911 (possession for sale of restricted drugs).

At arraignment, pleas of not guilty were entered and at the time of trial, trial by jury was waived and pursuant to stipulation the cause was submitted upon the testimony as set forth in the transcript of the preliminary hearing and the evidence received at said hearing. Both the People and the defendant reserved the right to offer any additional evidence. Defendant was found guilty of a violation of Health and Safety Code section 11531, (transportation or sale of marijuana) a lesser but necessarily included offense of count I. The ruling on the remaining counts was continued until the date of probation hearing and sentencing. A probation officer's report was ordered and at the probation hearing…