Blakeman

Upon an information charging violation of section 702, Welfare and Institutions Code, defendant pleaded guilty to the lesser charge of assault and battery and proposed that as part of any sentence he would leave the community. It was adjudged that he pay a fine of $500 and be imprisoned one year in the county jail, providing that the imposing of the jail sentence be suspended upon the condition that he absent himself from the county.

Ten months later, after a hearing, the trial court found that the defendant had violated said condition and, for that reason, revoked probation by terminating the suspension of sentence.

In support of his appeal, defendant says the order revoking probation was void because (1) the condition imposing banishment was void and .(2) the order of revocation was made after the probationary period had expired.

(1) Was it error to revolee probation on the ground that defendant violated the condition of probation that defendant absent himself from the countyf Yes.

It was beyond the power of the court to impose banishment as a condition of probation. The provision therefor was a void and separable part of the order granting probation. Revocation of probation…