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PEOPLE v. PACHECO

Docket No. A029074.

176 Cal.App.3d 100 (1985)

221 Cal. Rptr. 369

THE PEOPLE, Plaintiff and Appellant, v. BENJAMIN R. PACHECO, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

December 23, 1985.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Ronald E. Niver and Martin S. Kaye, Deputy Attorneys General, for Plaintiff and Appellant.

Peter L. Dodd for Defendant and Respondent.

OPINION

CHANNELL, J.

Penal Code section 1203.07,1 subdivision (a)(3) provides that probation "shall not be granted" to a person convicted of selling heroin who has been previously convicted of selling a controlled substance. (See Health & Saf. Code, § 11352.) Citing section 1385, the trial judge struck respondent Benjamin R. Pacheco's two prior conviction allegations

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