People v. Superior Court

In Case No. 246193 in the Superior Court of Los Angeles County, Ignacio Guerrero, charged with murder, pleaded guilty to murder of the first degree. Following the filing of a probation report, the court suspended imposition of sentence and granted Guerrero probation, one of the terms thereof being that he serve 150 days in the county jail. The state moved the court to vacate the order granting probation and to impose sentence according to law. The motion was denied, and the state instituted the present proceeding in mandate, seeking annulment of the order and requiring the court to impose sentence upon Guerrero. The relief is sought upon the ground that the trial court was without jurisdiction to grant probation or to do otherwise than impose sentence as for murder of the first degree. Opposition to the petition of the state has been filed by Guerrero and the respondent court. We agree with the contention of the district attorney and the Attorney General that the order sought to be annulled was in excess of the court’s jurisdiction and void. Although the circumstances of the killing, in which the victim was shot to death, are of no materiality, it may be mentioned that all the…