Gomez

Superior Court Case No. A-258118

In 1970, defendant was found guilty of a violation of section 10851 of the Vehicle Code; he was sentenced to county jail for one year; execution of sentence was suspended and he was granted probation. On October 20, 1971, following his conviction in case No. A-274005, the sentence was ordered into execution.

On this appeal, it is argued that the 1970 sentence was ordered into execution only because of defendant’s conviction in case No. A-274005 and that, if that conviction is reversed, the order in the earlier case should not stand. The record does not bear out that contention. The record shows that the trial court was motivated primarily by the fact that defendant, in violation of the terms of his probation, had made several illegal entries into this country. Our reversal of the judgment in case No: A-274005 does not carry with it a reversal of the orders in case No. A-258118.

Superior Court Case No. A-274005

In superior court case No. A-274005, defendant was charged with grand theft, in violation of subdivision 1 of section 487 of the Penal Code.. He pled not guilty and, after a trial by jury, he was found guilty as charged. He was…