Jones

—We have before us the appeal of Curtis Jones from an order revoking his probation on a perjury conviction, and his petition for a writ of habeas corpus. The issues of both proceedings are the same; they concern the application of Penal Code section 1203.2a (hereafter section 1203.2a). We have consolidated them for our consideration and determination.

Section 1203.2a, a lengthy code section, provides a procedure by which a person given probation without imposition of sentence following a felony conviction, who during the probationary period is arrested, prosecuted and convicted for another felony offense and incarcerated in state prison therefore, may at his option request imposition of sentence on the conviction for which he had been granted probation. The request for imposition of sentence must be in writing and “signed in the presence of the warden or superintendent of the prison in which he is confined or the duly authorized representative of the warden or superintendent, and such warden or superintendent or his representative attests both that the defendant has made and signed such request and that he states that he wishes the court to impose sentence in the case in…