Barnes

Defendant appeals from an order after imposition of judgment, denying his petition that the court, pursuant to Penal Code section 1168, recall his commitment to the penitentiary and release him under probationary supervision. He was convicted of automobile theft, a felony, and on July 31, 1957, was placed on probation; following this, while on probation, on three separate occasions he was committed to and released from mental institutions; also during his probation on more than one occasion he violated his terms of probation; on one occasion the court terminated his probation but, after reconsideration and placement in a mental hospital, reinstated such; and eventually, on February 10, 1964, his probation was revoked for cause and he was sentenced to state prison. The report of the probation officer made to the court at the time of revocation of probation showed defendant was not a subject for probationary supervision by virtue of “His ever recurring mental illnesses plus his proclivity to drink,” and during the time he was on probation he had “been out of institutions for three short periods never exceeding six months before he had a recurrence and was back in difficulty.” On…