Vasquez
People v. Vasquez
Opinion
Opinion
Stone, J.
Appellant petitioned the Superior Court of Stanislaus County for a writ of error coram nobis, which was denied without a hearing. He has appealed upon the ground his sentence to the state prison upon revocation of his probation, exceeded the jurisdiction of the Stanislaus County Superior Court because the court failed to sentence him in accordance with his request, pursuant to the provisions of Penal Code section 1203.2a.
Briefly stated, the facts are these: On October 9, 1964, appellant pleaded guilty to the crime of robbery, in the Superior Court of Stanislaus County. Imposition of sentence was suspended and he was placed on three years’ probation. On April 21,1966, appellant pleaded guilty in the Superior Court of Santa Clara County, to the charge of possessing for sale a narcotic other than marijuana, in violation of Health and Safety Code section 11500.5. He was not sentenced, however, as proceedings were suspended and he was committed to the California Rehabilitation Center at Corona, on May 27, 1966, pursuant to Welfare and Institutions Code section 3051.
Shortly after his commitment to the center, appellant wrote to the probation department in Stanislaus County…