People v. Washington

Appellant pled guilty to attempted burglary (Pen. Code, §§ 665, 459). The court sentenced appellant to state prison, suspended execution of sentence and placed him on probation. As a condition of probation appellant was ordered to serve nine months county jail time. Appellant actually served 180 days of the required jail time before his early release.

Subsequent to release, appellant was again arrested and held to answer on a new charge of vehicular burglary (Pen. Code, § 459). He spent approximately a month in custody awaiting trial on that charge before formal notice was taken of his probationary status. A motion to revoke probation was then filed; another three weeks elapsed (appellant all the while in custody) before the hearing at which appellant’s probation was revoked and he was committed to state prison. The court also declined to institute Welfare and Institutions Code section 3051 proceedings, since it did not appear that appellant was a narcotics addict or, alternatively, that appellant exhibited the characteristic of “excessive criminality” and was thus unsuitable for section 3051 commitment. The court, pursuant to Penal Code section 2900.5, did grant…