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PEOPLE v. ORTIZ

Docket No. Crim. 7740.

61 Cal.2d 249 (1964)

391 P.2d 163

37 Cal. Rptr. 891

THE PEOPLE, Plaintiff and Respondent, v. ROBERT ORTIZ, Defendant and Appellant.

Supreme Court of California. In Bank.

April 16, 1964.

Attorney(s) appearing for the Case

Leonard H. McBride for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Paul N. Wenger, Deputy Attorney General, for Plaintiff and Respondent.

SCHAUER, J.

Defendant appeals from a judgment of conviction of selling heroin (Health & Saf. Code, § 11501). The trial court denied his motion for new trial and application for probation, and sentenced him to state prison for the term prescribed by law.

The sole contention on appeal is that the trial court erroneously ruled that because of the nature of defendant's offense (sale of heroin) he was ineligible to be considered for the narcotic addict...

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