In what circumstances will a court order probation for a defendant convicted of possession of marijuana under Health and Safety Code section 11718?

In People v. Tenorio, supra, 3 Cal.3d 89, 89 Cal.Rptr. 249, 473 P.2d 993, defendant was convicted of possession of marijuana and admitted the allegation of a prior possession conviction. The trial court dismissed the prior conviction allegation without obtaining the prior approval of the prosecutor--a direct violation of Health and Safety Code section 11718. Subsequently, the trial court ordered probation. Concluding that Health and Safety Code section 11718 violated the California constitutional provision for separation of powers, to the extent that provision required that

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