Bryant

I

In this appeal we hold that the prosecutor’s remarks to a defense witness at appellant’s probation revocation hearing, indicating the witness would be charged with perjury if he testified in accordance with his preliminary hearing testimony, denied appellant his fundamental rights to due process of law and his constitutional right to a fair hearing.

In 1981, appellant pleaded guilty to a violation of Health and Safety Code section 11378.5 (possession for sale of phencyclidine) in Kern County Superior Court No. 22747, on condition he be admitted to felony probation and serve no more than six months in county jail.

In 1982, appellant was arrested by officers of the Bakersfield Police Department for an alleged violation of Health and Safety Code section 11377 (possession of phencyclidine); thereafter, a criminal complaint was filed and a preliminary hearing held; an arraignment and not guilty plea followed. An information was filed in Kern County Superior Court (case No. 24518) charging appellant with possession of phencyclidine, and appellant pleaded not guilty. On the basis of this arrest, a hold was placed on appellant in county jail, and the probation department…