Blackman

The defendant was charged with the offense of selling marijuana, i.e., a violation of section 11531 of the Health and Safety Code; entered a plea of guilty to the lesser and included offense of possession of marijuana, i.e., a violation of section 11530 of the Health and Safety Code; applied for probation; was sentenced to imprisonment in the state prison; and appeals from the judgment, seeking reversal upon the grounds (1) that the court did not consider and determine his application for probation, and (2) that the clerk did not enter the judgment in the minutes as required by section 1207 of the Penal Code.

On the date set for the hearing on the application for probation and for pronouncement of judgment, the probation officer filed with the court his report recommending denial of the application; the trial judge endorsed thereon, over his signature, a statement that he had “read and considered the foregoing report of the Probation Officer”; the court asked the attorney for the defendant if he had any recommendations he wished to make with respect to the subject at hand ; in response thereto the attorney related his reasons for believing that the defendant should be placed on…