Silva

On September 7, 1961, in Orange County, defendant, a youth of 18 years, was found guilty of a violation of section 211, Penal Code, as charged and the degree fixed at second degree. At the time set for pronouncement of judgment and sentence, the judge suspended the imposition of sentence and granted probation for a period of five years under certain terms and conditions including a condition defendant should not violate any law or ordinance and should report to the probation officer on stated regular periods. On March 22, 1965, in the municipal court, defendant entered a plea of guilty to a violation of section 240, Penal Code (assault), and was sentenced to 30 days in the county jail in Orange County which sentence was suspended for one year. In August 1965, a violation of probation report having been filed, a hearing was had and an order entered revoking the probation granted in 1961. The judge sentenced the defendant to the state prison for the term prescribed by law. Both the hearing on the revocation of probation and the pronouncement of sentence were by a judge other than the one who tried the case in 1961. From the order revoking probation and from “the final judgment of…