Higgins

Case No. A-238196

In 1969, defendant Higgins was convicted of a violation of subdivision (b) of section 452 of the Penal Code. Proceedings were suspended and he was granted probation for five years. In 1971, as the result of his conviction in case No. A-0648.07, probation was revoked and he was sentenced to state prison, the sentence to run consecutively with that imposed in case No. A-064807.

He has appealed; we affirm. Although, as we point out below, we modify the judgment on one count in case No. A-064807, there is no reason to believe that that modification would cause any judge to do other than revoke probation and impose the sentence now before us.

Case No. A-064807

Defendant was charged, jointly with James E. Portland, Jr., with two counts of robbery; the information charged the use of a pistol in the commission of the robberies. After a jury trial, both men were found guilty of robbery in the first degree, the allegation as to .use of a pistol being found to be true. Defendant Higgins was sentenced to state prison, the sentence on the two counts to run concurrently, but consecutively with the sentence in case No. A-238196. He has appealed; we modify the…