Byron D. Baskerville v. Louis S. Nelson, Warden
Opinion
Opinion
This is an appeal by Baskerville from an order of the United States District Court for the Central District of California denying Baskerville’s petition for a writ of habeas corpus.
Appellant was charged, upon information, and tried in a California Superior Court, for the California crime of arson. He was represented by counsel, and with the consent of the parties and their counsel, the trial was by the court without a jury. The court found him guilty, and on April 30, 1968, the court suspended sentencing proceedings and placed the appellant on probation, with specified conditions, to which conditions appellant consented. On August 6, 1968, appellant was brought before the court for violation of the conditions of his probation. The court thereupon revoked his probation, and sentenced him to prison for three years, the term prescribed by law.
Appellant appealed to the California District Court of Appeal, which, exercising its discretion, reviewed on the merits not only the revocation of his probation but his trial, including the evidence against him, admitted over constitutional objection. The California District Court of Appeal affirmed his conviction and sentence.