In re Sanchez

Defendant petitions for a writ of habeas corpus. He pleaded guilty to a charge of violation of section 11501 of the Health and Safety Code (sale of narcotics). A second like count and a count for supplying marijuana were dismissed. He was also charged with a prior narcotics violation, which he denied. He waived a jury trial on such issue. The trial court received in evidence the file regarding the prior conviction (May 27,1959) and found the charge to be true.

At the time of the prior conviction defendant was 19 years old and the file showed his commitment to the Youth Authority. When convicted on the instant charge of selling narcotics (January 31, 1962) he was 22 years old. The trial judge stated that he was required by the provisions of section *557 11715.6 of the Health and Safety Code 1 to deny probation to one previously convicted of a narcotics “felony.” Defendant was therefore sentenced to state prison for the term prescribed by law. 2

The prior conviction forms the basis of the present petition for a writ of habeas corpus, it being defendant’s contention that the crime involved should have been deemed a misdemeanor, as a matter of law, pursuant to the provisions of…