Soukup

Appellant Edward Soukup appeals from the trial court’s order denying his motion to be discharged from probation after his conviction had been affirmed on appeal. He claims that his period of probation expired before the trial court ordered his judgment into execution.

In 1978, appellant was convicted in the Superior Court of Los Angeles County of four counts of grand theft and one count of conspiracy to commit grand theft. The judgment is contained on a form which provides for the checking of boxes and the filling of blanks. It indicates that proceedings were suspended on June 28,1978, and appellant was placed on three years’ probation on condition, among others, that he serve the first year in county jail. “Stay of execution” was granted to 1:30 p.m. on July 12, 1978, “pending posting of appeal bond.” The court set bail in the amount of $3,000 and released appellant on his own recognizance pending posting of an appeal bond by the indicated date. The form then contains a typewritten notice that bail for appeal was posted on the same date.

Subsequently, in People v. Coy (Cal.App.), this court affirmed the judgment as to the four counts of grand theft, reversing only the…