Pearson

A petition for a rehearing was denied July 16, 1981, and the opinion was modified to read as printed above. Appellant’s petition for a hearing by the Supreme Court was denied September 16, 1981. Bird, C. J., was of the opinion that the petition should be granted.

Assigned by the Chairperson of the Judicial Council.

BROWN (G.A.) P.J.

The instant case involves consolidated appeals from Stanislaus County Superior Court action Nos. 159848 and 164078.

By the express terms of each notice of appeal, each appeal raises sentencing error and neither appeal challenges the validity of appellant's "guilty plea." [1]

In action No. 159848, on August 13, 1979, appellant was convicted on his guilty plea of a violation of Penal Code section 476a, issuing check with insufficient funds. On September 7, 1979, appellant was admitted to three years felony probation, one condition of which was a nine-month term of local incarceration. On November 28, 1979, appellant admitted a violation of his probation, in that he had escaped on September 13, 1979, from the Stanislaus County jail and thereafter failed to contact the probation officer. This escape became the basis of action No. 164078. In action No. 159848, on December 17, 1979, the trial court sentenced appellant to the two-year, middle base prison term.

In action No. 164078, on November 26, 1979, appellant pled guilty in municipal court to a violation of Penal Code section 4532, subdivision (b), escape from county jail. It was stipulated that no…

The instant case involves consolidated appeals from Stanislaus County Superior Court action Nos. 159848 and 164078.

By the express terms of each notice of appeal, each appeal raises sentencing error and neither appeal challenges the validity of appellant’s “guilty plea.”

In action No. 159848, on August 13, 1979, appellant was convicted on his guilty plea of a violation of Penal Code section 476a, issuing *785 check with insufficient funds. On September 7, 1979, appellant was admitted to three years felony probation, one condition, of which was a nine-month term of local incarceration. On November 28, 1979, appellant admitted a violation of his probation, in that he had escaped on September 13, 1979, from the Stanislaus County jail and thereafter failed to contact the probation officer. This escape became the basis of action No. 164078. In action No. 159848, on December 17, 1979, the trial court sentenced appellant to the two-year, middle base prison term.

In action No. 164078, on November 26, 1979, appellant pled guilty in municipal court to a violation of Penal Code section 4532, subdivision (b), escape from county jail. It was stipulated that no force was involved.…