Fuller

Defendant Lynn Fuller appeals from an order denying his motion to set aside a guilty plea and a resulting conviction of assault with a deadly weapon (a knife), in violation of section 245, subdivision (a)(1), of the Penal Code. He also appeals from a subsequent order revoking his probation and sentencing him to state prison.

The record reveals that on May 27, 1981, defendant entered a negotiated plea of guilty to the charge of assault with a deadly weapon. On June 24, 1981, the trial court, after reviewing the probation report, ordered the imposition of sentence suspended and placed defendant on probation for a period of three years, subject to the conditions, inter alia, that he submit to a warrantless search and that he not have in his possession any illegal narcotics or dangerous drugs.

On September 11, 1981, the district attorney filed a motion to revoke defendant’s probation on the ground that he had been held to answer to the charges of passing or receiving forged bills or notes, fraudulent possession of completed checks, and possession of a concealable firearm by a felon. The motion to revoke probation was denied on October 21, 1981.

On April 1, 1982, defendant…