Dominguez

Appellant appeals from an order revoking probation and from the judgment pronounced and ordered executed on October 27,1966.

The question presented is the validity of the condition of probation that appellant “not . . . become pregnant without being married.” The sole basis for revocation of probation was that appellant had become pregnant without being married.

Summary of the Record

Appellant was found guilty of second degree robbery. On January 21, 1965, appellant was driving an automobile in the company of two young women. Appellant’s companions robbed a liquor store and after the robbery the appellant drove them away from the scene of the crime. Appellant’s conviction is not challenged on the merits. Probation and sentence hearing was set for May 13, 1965. The probation report included the following facts: Appellant, then 20 years old, liad two small children and was pregnant. Appellant had never been married. She had been receiving aid from the Bureau of Public Assistance since her first pregnancy. Prior to the offense of which she was convicted she had had no conflict with the law. The probation officer recommended that appellant be granted probation on specified…