Scott

Herbert Scott, defendant, has appealed from an order made October 19, 1972, revoking probation, and a judgment imposing a prison sentence made the same day.

The probation order had been made on July 14, 1971, after defendant, on June 10, had entered a plea of guilty to uttering a forged check on June 9. Another forgery charge and a charge of possession of restricted dangerous drugs were dismissed.

On October 11, 1972, a supplemental probation report was filed whose purpose was to bring defendant before the court to show cause why his probation should not be revoked, and hearing was set for October 19. In a further report prepared before October 6, 1972, but filed with the court on October 19, the probation officer recommended defendant be cpntinued on probation with some time in local custody.

Among the matters stated in that report was that defendant had been arrested in Santa Ana on charges of armed robbery and possession of dangerous drugs; that defendant admitted he had been convicted on the dangerous drug charge and was given three years’ probation after having spent 25 days in jail. Many other less serious violations of probation were also alleged, including the…