Jones

Defendant pleaded guilty to two separate robberies of taxicab drivers (Pen. Code, §§ 211, 211a) after his motion to suppress evidence (Pen. Code, § 1538.5) was denied. In his appeal from the judgment he contends (1) the trial court erred in denying his motion to suppress because the police officer did not have probable cause to arrest him; and (2) the sentencing judge abused his discretion in denying probation by considering facts underlying dismissed counts pursuant to a plea bargain in reaching his decision. For the reasons which follow, we conclude the former contention to be without merit, but the latter to be persuasive. Accordingly, the judgment is reversed solely as to the denial of probation, and affirmed in all other respects.

Factual and Procedural Record

Defendant was originally charged with nine counts of robbery of taxicab drivers. Pursuant to a plea bargain, he pleaded guilty to two of them in return for the dismissal of the remaining counts. The parties concur the facts underlying the admitted counts are adequately summarized in the probation officer’s report appearing in the margin below.

Defendant initially moved to suppress evidence obtained as a…