Pineiro

Appellant Rudolph Pineiro was charged by information with murder. A jury found him guilty of the lesser included offense of involuntary manslaughter. He was placed on probation for three years on condition (among others) that he serve one year in the county jail. He appeals from the. order granting probation.

Procedural Sequence

The information against appellant was filed on December 14, 1979. He was charged in a single count with having murdered Larry Glenn on November 8, 1979, in violation of Penal Code section 187. It was also alleged in the information that during the commission of the offense appellant had personally used “a deadly and dangerous weapon, to wit, a knife,” within the meaning of Penal Code section 12022, subdivision (b).

At his arraignment on December 21, 1979, appellant entered a plea of not guilty and denied the enhancement allegation. His jury trial commenced on February 4, 1980. In a verdict returned four days later, the jury found him guilty of involuntary manslaughter as “a lesser and included offense of the offense charged in the Information.” The jury also found that the enhancement allegation in the information was true.

On May 21, 1980,…