Felix

On September 8, 1982, in the Municipal Court of the City and County of San Francisco, appellant was charged by complaint with one count of felony attempted burglary (Pen. Code, §§ 664 and 459), and one count of possession of burglars’ tools (Pen. Code, § 466). The complaint also included an allegation of a prior conviction (Pen. Code, §§ 667 and 1192.7, a serious felony). On October 22, 1982, in superior court, appellant pleaded guilty to one count of attempted burglary (Pen. Code, §§ 664 and 459). On the same day appellant was sentenced to three-years probation subject to serving a 90-day term in county jail, with 46 days credit, and was ordered to pay restitution as directed by the adult probation department.

On February 16, 1983, the district attorney’s office filed a notice of motion to revoke probation, alleging that appellant violated Health and Safety Code section 11378 (possession of a controlled substance for sale). On March 21, 1983, the court denied the revocation motion. However, the court modified appellant’s probation to include participation in an alcohol rehabilitation program.

On April 23, 1984, the adult probation department filed, and was granted, a…