Hamilton

—James Deck Hamilton’s appeal from an order revoking probation will be treated as an appeal from the judgment of conviction to state prison entered following revocation of probation.

In the fall of 1965, the superior court convicted Hamilton of selling marijuana; suspended sentencing; and granted him five years probation on condition, in part, he be confined in the sheriff’s custody for one year, with credit for time already served. He was released in April 1966.

The superior court revoked probation and entered its judgment of conviction to state prison on May 9, 1967. Arguing the evidence is insufficient, Hamilton contends the court abused its discretion in revoking probation.

The trial court based its decision on the following facts presented by the probation officer’s report. On December 5, 1966, to his probation officer, Hamilton admitted having used marijuana occasionally since his release from custody in April 1966, but not since September or early October 1966. On December 20, 1966, Hamilton possessed marijuana about the size of a “roach.” His trial for this possession resulted in a hung jury. His hindsighted attitude about the sale of marijuana which resulted in his…