Pinon

On May 3, 1972, appellant was charged by information Number 15351 with one count of robbery (Pen. Code, § 211) and one count of forcible rape (Pen. Code, § 261, subd. 2). He pleaded not guilty to both counts.

On June 9, 1972, appellant entered a plea of guilty to the rape charge pursuant to a stipulation that he would spend no more than one year in the county jail as a condition of felony probation. The robbery charge was dismissed in the interest of justice. At the appellant’s request, the time of sentencing was set over to August 15 to allow appellant to attend to matters before he began to serve his time in the county jail. Sentencing was thereafter continued on several occasions until November 21 at which time appellant’s counsel told the judge that the case had been to that date because appellant was facing “another charge” but that he did not think that there was any reason to further delay sentencing.

Appellant was placed on probation for a period of three years on the condition that he spend the first year in the county jail with credit for time served and he was directed to obey all reasonable instructions of the office.

The other charge to which defense…