Turner

Ricky D. Turner appeals the order revoking his probation and the judgment sentencing him to prison.

On December 15, 1972, Turner pled guilty to a charge of burglary with the stipulation that any time served would be local. At sentencing the trial court rejected the stipulation. Turner withdrew his plea, a new information was filed, and a trial was begun. Following a mistrial, a new guilty plea was entered on September 12, 1973, in which Turner’s prior conviction was stricken and local time was stipulated; on October 3, 1973, he was granted three years’ probation.

There was an armed robbery of the T G & Y store in National City on October 30, 1973. Although Turner was charged with this crime, charges were dropped when eyewitnesses were unable to identify him as the perpetrator. On March 22, 1974, Turner’s probation was revoked; on April 4, 1974, he was sentenced to prison for the term prescribed by law.

Turner now complains he was denied due process and the opportunity to confront witnesses because police reports covering the investigation of the robbery were accepted into evidence at the hearing. He argues these interviews with witnesses are hearsay which were not…