Vest

People v. Vest

Caution
118 Cal. Rptr. 84·1974 Cal. App. LEXIS 1350·43 Cal. App. 3d 728
Court of Appeal of CaliforniaDecember 6, 1974Crim. 24932California3,075 words

Opinion

Opinion

Lillie, J.

Defendant withdrew her plea of not guilty and entered a plea of guilty to counts I and IV (sale of restricted dangerous drugs [§ 11912, Health & Saf. Code]); on September 22, 1970, the proceedings were suspended and she was placed on probation for three years. On August 8, 1973, defendant was found to be in violation of probation and probation was revoked; on January 22, 1974, she was sentenced to the state prison. Defendant appeals from the judgment entered January 22, 1974.

Defendant did not appeal from order granting probation (§ 1237, subd. 1, Pen. Code; People v. Howard, 239 Cal.App.2d 75, 77 [ 48 Cal.Rptr. 443 ]) thus, inasmuch as the sole issue on this appeal concerns matters occurring prior to the order granting probation in 1970 she is estopped from claiming error with respect thereto; appellate review is restricted to the proceedings, in connection with revocation of probation and sentence. (People v. Chavez, 243 Cal.App.2d 761, 763 [ 52 Cal.Rptr. 633 ]; People v. Howard, 239 Cal.App.2d 75, 77 [ 48 Cal.Rptr. 443 ]; People v. Glaser, 238 Cal.App.2d 819, 821 [ 48 Cal.Rptr. 427 ]; People v. Wilkins, 169 Cal.App.2d 27, 32 [ 386 P.2d 540 ]; see also People v.…

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