Vickers

Defendant appeals from an order revoking probation granted after the imposition of sentence upon his plea of guilty to a charge of possession of heroin. (Health &Saf. Code, § 11500.) He contends that the denial of an opportunity to rebut allegations contained in the reports of the probation officer, upon which the court relied in ordering revocation, rendered the order invalid and subject to attack on appeal therefrom. We agree in principle but conclude for reasons hereinafter set forth that defendant is not entitled to relief in the instant circumstances.

A motion to revoke defendant’s probation was filed by his probation officer and first appeared on calendar on November 18, 1970. Defendant was not present on that date and the matter was continued to December 14, at which time defendant and his attorney were both present. It appeared to the court from various probation reports that after one month on the work furlough program defendant reported ill and was admitted to an emergency hospital. He was treated and discharged that same day. After he did not respond to a call at his home the following day, his probation, officer concluded that defendant had “absconded” and a…