Mancha

Defendant was convicted of hit and run in violation of section 20001, Vehicle Code; a probation report was ordered and the cause continued. A judge other than the one before whom defendant was tried heard his application for probation, denied the same and sentenced him to the state prison. He appeals from the judgment and sentence. While the sole issue is whether it was error for one other than the trial judge to impose sentence, appellant’s claim that there were “mitigating facts” which were not considered by the sentencing judge and the case “could easily have gone either way as to innocence or guilt,” requires a brief summary of the evidence. The point of conflict was whether defendant knew he had been involved in an accident.

On the afternoon of February 13, 1962, at approximately 3:40, Mr. Beauchamp, a Coca Cola salesman, was driving his 2%-ton truck east on 14th Street. As he approached Central Avenue he noticed Darold, a 4-year-old boy, crouched at the curb at the front of some cars parked on the north side of the street. As he slowed down he saw defendant driving a 1948 Cadillac car coming toward him on 14th Street at about 20 or 25 miles an hour. When defendant was…