People v. Smith

This is an appeal from a judgment sentencing the appellant to prison following an order revoking probation. Appellant contends that the judgment must be reversed because:

(1) The term of his probation had automatically expired on May 6, 1969, and, therefore, the court had no jurisdiction when it sentenced him to prison on August 5, 1969; and

(2) The probation officer’s special report, upon which his probation was revoked, failed to allege any specific violation of the terms of probation.

Where, as here, imposition of judgment is suspended and probation granted and later revoked, the order revoking probation is not appealable, but the judgment imposing sentence, which follows upon revocation is appealable. However, on an appeal from such judgment, the court will review the validity and merits of the order revoking probation. (People v. Robinson, 43 Cal.2d 143 [ 271 P.2d 872 ]; People v. Walker, 215 Cal.App. 2d 609 [ 30 Cal.Rptr. 440 ]; Witkin, Cal. Criminal Procedure (1963) Appeal, §§ 650, 651, pp. 642-643.)

The record contains ambiguities and gaps, but from it we glean the following:

Appellant was convicted of possession of one marijuana cigarette. (Health & Saf.…