Does a defendant have to serve at least one third of the minimum sentence under Health and Safety Code section 11353 to be paroled?

1 In People v. Tabucchi (1976) 64 Cal.App.3d 133, 142-144, 134 Cal.Rptr. 245, this court recognized the important to defendants of the right to parole and noted the widespread knowledge of persons charged with crime concerning the "one-third minimum time" parole policy in usual cases. (See Pen.Code, 3049.) However, in Tabucchi the defendant had told the court when he entered his guilty plea that he was under the impression that he would be eligible for parole after having served one-third of the minimum term. Thus, prejudice to the defendant was affirmatively demonstrated by the record. In the present case, it is unclear whether appellant was aware that Health and Safety Code section 11353 dictated that he could not be paroled until he had served five years in prison, rather than after one-third of the minimum term had been served.