Svoboda

An application for a writ of mandate directing respondent, as judge of the superior court in and for the city and county of San Francisco, to hear and determine a motion for an order placing petitioner upon probation.

Petitioner was charged by information filed in the court mentioned with the crime of robbery, to which charge he entered a plea of guilty, and respondent thereupon made a finding determining the degree of the crime of which petitioner was guilty to be robbery of the second degree. Petitioner thereupon moved for the order mentioned, which motion respondent declined to hear or consider for the reason stated in respondent’s answer to the petition herein, which is as follows: “that the sole and only reason for the refusal and failure of said defendant (respondent) to entertain said motion for probation was based upon the belief of this defendant that this defendant was wholly without jurisdiction or power to entertain and/or hear and/or determine said motion for probation by reason of the fact that certain information was given to this defendant that said petitioner was possessed of a deadly weapon, to wit, a loaded revolver at the time of the commission of said crime,…