Martino

Defendant appeals from the judgment of the trial court whereby he was sentenced to imprisonment in the state prison at San Quentin, California.

Appellant was charge^ in an information filed by the district attorney of Fresno County with the crime of grand theft. He was duly arraigned in department 4 of the Superior Court of Fresno County on December 19, 1930, and entered a plea of guilty of the offense as charged. His counsel thereupon moved the court to refer the matter to the probation officer for investigation and report. The motion was granted and the probation officer was ordered to make an investigation and return his report to the court on January 2, 1931. On this date appellant was before the court in department 3, wherein was presiding a judge other than the judge before whom appellant had entered a .plea of guilty on December 19, 1930. The report of the probation officer setting out the result of his investigation had been returned and was before the court. In this report the probation officer recommended that appellant’s application for probation be granted on the condition that he spend the first six months of his probationary period in the county jail. The court…