Batchelor

Defendant appeals from a judgment sentencing him to state prison, which judgment was pronounced after a previous order granting him probation was revoked.

In 1972, defendant was convicted of the crime of sale of marijuana (former Health & Saf. Code, § 11531). Proceedings were suspended and defendant was placed on probation for a period of five years on various terms and conditions. The probationary order was made by the Honorable Harry Peetris who was at the time assigned to Department Northwest “T,” a criminal trial department of the Los Angeles Superior Court sitting in the northwest division in Van Nuys. This case has the number A117373.

Subsequently, on September 24, 1973, after the Los Angeles County Probation Department filed a report with Judge Peetris stating that defendant had deserted his probation, probation was revoked and bench warrant was issued for the apprehension of the defendant. The warrant was returnable before Judge Peetris in Department Northwest

It appears that during the probationary period defendant committed two additional felony offenses—one a federal crime and the other a violation of California Penal Code section 470. Proceedings were…