McNaught

Defendant appeals from an order revoking probation (Pen. Code, § 1466, subd; 2(b)) and from a final judgment of conviction (Pen. Code, § 1466, subd. 2(a)) of the Municipal Court of the Santa Barbara-Goleta Judicial District. The matters are before us on certification from the Appellate Department of the Santa Barbara County Superior Court and order of transfer by us. (Cal. Rules of Court, rule 62(a).)

Facts

On May 20, 1972, the Santa Barbara police found defendant drunk, staggering and “ready to fall” against the side of a liquor store. He was arrested for the offense generally known as “drunk in public.” (Pen. Code, § 647, subd. (f).) According to a police report which is part of our record, this appears to have been his sixth arrest for that offense in about two months.

On May 23, 1972, defendant pleaded guilty to a complaint charging him with a violation of section 647, subdivision (f), of the Penal Code. He was sentenced to serve a term of six months in the county jail. Execution of the sentence was suspended and defendant was placed on summary probation for three months.

On June 19, 1972, defendant was found, again drunk, on the front lawn of a Santa Barbara…