Mahan

Defendant, Thomas Greg Mahan, was convicted by jury verdict of possession of phencyclidine (Health & Saf. Code, § 11350), unauthorized entry (Pen. Code, § 602.5), and disorderly conduct (Pen. Code, § 647, subd. (f)). He appeals from the judgment subsequently entered.

Facts

After the jury trial defendant was released on bail; he failed to at the time scheduled for judgment and sentencing, September 19, 1977. A bench warrant was issued for his arrest. The court was on March 6, 1978, that defendant was in custody in the State of Nevada.

Defendant then mailed to the court a request to have the pending sentencing in California adjudicated as soon as possible, in order that he might be able to obtain a sentence concurrent with the Nevada he was then serving; the letter was dated April 3, 1978.

On October 10, 1978, defendant filed a motion to be sentenced in At a hearing held December 5, 1978, the court treated defendant’s motion to be sentenced in absentia as a motion under Penal Code section 1381; the court indicated its belief that Penal Code 977 prohibited any such request. Sentencing was ordered no later than January 8, 1979, and the matter was placed on the January 2,…