Carr

Defendant Marion A. Carr appeals from a judgment sentencing him to prison following an order revoking probation.

On September 14, 1967, appellant pleaded guilty in case No. 70344 to a violation of Penal Code section 487 (theft) and in case No. 70316 to a violation of Penal Code section 211 (robbery, second degree). He was sentenced in both cases to state prison for the term provided by law, execution of sentences was suspended and appellant was placed on probation for three years subject to a six-month confinement in county jail. The sentence in case No. 70344 was ordered to run concurrently with sentence imposed in case No. 70316.

On July 1, 1968, appellant was charged in case No. 72588 with two new offenses: Count I, violation of Penal Code section 459 (burglary) and count II, violation of Vehicle Code section 10851 (vehicle theft). After his plea of guilty, appellant was sentenced to state prison, execution of sentence was suspended subject to three years’ probation with one year in county jail. Sentence on each count was ordered to run concurrently.

In December 1968, the district attorney moved to revoke probation in all three actions referred to above, 72588,…