Troyn

People v. Troyn

Good Law
1964 Cal. App. LEXIS 972·229 Cal. App. 2d 181·39 Cal. Rptr. 924
Court of Appeal of CaliforniaAugust 14, 1964Crim. 106California1,576 words

Opinion

Opinion

Conley, J.

The defendant, Lewis Jack Troyn, who entered a plea of guilty to contributing to the delinquency of a minor during his trial on a charge of violating section 288a of the Penal Code, now appeals from the order of the superior court admitting him to probation. He was admitted to bail during the pendency of the appeal. The appeal is equivalent to an appeal from a judgment of conviction. (Pen. Code, § 1237, subd. 1; People v. Bugg, 204 Cal. App.2d 811, 814 [ 22 Cal.Rptr. 896 ] ; People v. Goldstein, 136 Cal. App.2d 778, 793 [ 289 P.2d 581 ].)

First, the defendant contends that the court abused its discretion in not granting him straight probation instead of imposing as conditions that he serve 90 days in the county jail and that he register as a sexual offender.

People v. Osslo, 50 Cal.2d 75, 103 [ 323 P.2d 397 ], holds: “The granting of probation is entirely within the sound discretion of the trial court; a defendant has no right to probation; he does have the right, if he feels that the terms of probation are more harsh than the sentence imposed by law, to refuse probation and undergo such sentence. (People v. Frank (1949) 94 Cal.App.2d 740, 741-742 [ 211 P.2d 350 ].)”

In People…

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