Sheeley
People v. Sheeley
Opinion
Opinion
Kaufman, J.
On January 24, 1949, the appellant was convicted of armed robbery in the first degree. (Case No. 42238.) On January 28, 1949, the court rendered its judgment, sentencing appellant to San Quentin, and then suspending the sentence on condition that he serve one year in the county jail. In April 1953, appellant was convicted of violating Penal Code, section 476a, sentenced to San Quentin, and again sentence was suspended on condition that he serve one year in the county jail. (Case No. 48268.) On March 13, 1956, the court was informed by the probation officer that the appellant had again been sentenced to San Quentin on another forgery charge, Number 27015. On March 13, 1956, the court revoked probation in Number 42238 and in Number 48268, and sentenced appellant to the state prison. Thereafter, on July 11, 1956, after being informed by the district attorney that the orders of March 1956, were invalid, the court set aside the orders of March 13, 1956, revoking probation on Numbers 42238 and 48268 and sentenced appellant on Number 42238 to the state prison for a term to run concurrently with any other sentence being served; and on Number 48268 to one year in the county jail with…