Jones

Defendant appeals from the judgment of the Shasta County Superior Court imposed after he admitted a probation violation following his conviction in Butte County for grand theft.

In January 1977, defendant, then age 17, pleaded guilty in Shasta County Superior Court to four counts of violating Vehicle Code section 10851 (unlawful driving or taking of a vehicle). He was placed on probation for 3 years and committed to the county jail for 210 days as a condition of probation. In 1978, while still on probation, defendant, by then 19 years old, pleaded guilty to grand theft and was sentenced to 2 years in state prison by the Butte County Superior Court. Thereafter the Shasta County probation officer charged defendant with violation of probation in that he was convicted of grand theft in Butte County.

Defendant contends his attorney misapprehended the applicable sentencing law and thus failed to give him reasonably competent repre sentation at the sentence hearing. At the hearing, counsel agreed with the recommendation of both the district attorney and the probation officer that defendant receive a consecutive sentence. Defendant asserts his attorney’s position was based upon…