Buccheri

Angelino Paul Buccheri appeals from an order made on August 5, 1968, refusing to set aside the order of October 19, 1965, revoking the seven-year probation granted him on December 4, 1963, and December 17, 1963, following the suspension of the execution of his sentences in three cases (Cr. Nos. 273498, 280292, 281175) in which he pled guilty to burglary and attempted burglary.

Appellant failed to follow below the procedure prescribed by Penal Code section 1203.2 for direct attack upon an order revoking probation after pronouncement of judgment. This statute provides that within 30 days after the court has notice that execution of the sentence has commenced, the court may, upon motion for good cause, set aside the order revoking probation. Instead appellant orally moved in open court on July 15, 1968, to set aside the revocation order and dismiss all three cases on the ground that the trial court lost jurisdiction over him when both the district attorney and the court below failed to heed, until February 1968, his written request made during October or December of 1966 that hearings on the revocation of his probation be immediately held or the charges dropped. This claim…