Ortiviz

—Gary Dennis Ortiviz appeals from the order revoking probation.

Facts

After pleading nolo contendere to a charge of assault with a deadly weapon (Pen. Code, § 245, subd. (a)), defendant was placed on probation for a period of three years commencing August 22, 1973. The conditions of probation included, inter alia, that defendant not consume any alcoholic beverages and that he stay out of places where the chief items of sale were alcoholic beverages. Thereafter, on April 23, 1974, defendant Ortiviz was found in violation of probation by reason of his conviction of misdemeanor drunk driving (Veh. Code, § 23102). Defendant’s probation was revoked and reinstated with certain modifications and was extended one additional year to August 22, 1977.

On September 26, 1976, defendant Ortiviz was allegedly involved in a physical altercation with Larry Preciado and several other individuals. After being advised of his constitutional rights and waiving those rights, defendant admitted to the arresting officer that he had been drinking that evening. Defendant was subsequently brought before a magistrate on the criminal charge of assault with force likely to cause great bodily injury…