Drake

The defendant appeals from an order granting probation following his conviction upon the charge of possession of marijuana in violation of section 11530 of the Health and Safety Code.

The defendant was charged by information filed on March 12, 1965, with the crime of possession of marijuana in violation of section 11530 of the Health and Safety Code. His motion to set aside the information under the provisions of section 995 of the Penal Code was heard and denied on March 23,1965, and he thereupon entered his plea of not guilty.

The cause was tried before the court sitting without a jury, a jury trial having been duly waived, and the defendant on July 9,1965, was found guilty as charged. A probation report was ordered, and the hearing thereon and the matter of the pronouncement of judgment and sentence was continued to August 9, 1965. On the latter date, after hearing on the application for probation, the court suspended further proceedings and placed the defendant on probation for the period of two years on the condition, amongst others, that he pay a fine in the sum of $300 plus penalty assessment through the probation officer in such amounts and in such manner as the…