Booth
People v. Booth
Opinion
Opinion
Lillie, J.
On January 17, 1961, defendant, then 20 years old, was found guilty of three counts of violating section 23101, Vehicle Code, in that he drove an automobile while under the influence of intoxicants causing bodily injury to three persons; a probation officer’s report was ordered. On February 8, the trial judge denied probation and sentenced defendant to one year in the county jail on count I; on counts II and III proceedings were suspended and probation was granted for five years on certain terms and conditions, among them, that he abstain from all alcoholic beverages, obey all laws and not commit any similar offenses. After his release from the county jail, and on November 16, 1961, police found him asleep in a parked car; he was booked with being drunk in public view. Defendant admitted to his probation officer that on the night before he drank beer and drove a car while his license was suspended. Accordingly, the probation officer filed a report on November 20, 1961, and defendant was brought before the court on November 22. He was found to be in violation of probation; the public defender was appointed to represent him, and at the request of the probation officer further…