Cortez

This is an appeal from an order denying defendant’s motion to quash a warrant of arrest for violation of probation and motion in arrest of judgment, and from an order and judgment made by the superior court on May 27, 1960.

On or about February 2, 1955, the appellant, with Dolores Cortez, was indicted in Los Angeles County for the crime of possessing heroin in violation of section 11500 of the Health and Safety Code. After other proceedings were had the appellant was found guilty as charged on June 7, 1955. The matter on that date was referred to the probation officer for investigation and report. On June 23, 1955, a probation officer’s report was filed wherein it was set forth, among other things, that appellant was born in Mexico, that he came to this country in 1945, and that in 1950 he was married. His arrest record, according to a probation report, showed among other things that on March 21,1946, he was delivered to the United States Immigration Inspector because of a violation of the immigration laws; that on October 29, 1950, he was released to United States immigration authorities; and that on January 31, 1955, because of an illegal entry, he was released to the United…