In Re De Voe

In an action in the Superior Court of Los Angeles County, petitioner having been convicted of the crime of grand theft and her motion for a new trial having been denied, she appealed to this court from such order. Thereafter, she having applied to the trial court for probation, on the day when such matter came on for hearing, and prior to the or any public announcement having been made by the judge of the trial court as to his ruling on such application, the defendant asked leave of the trial court to withdraw from its consideration her application for probation— which request was by said court denied. Whereupon, by order of the trial court, the imposition of sentence upon the defendant was suspended, and it was further ordered that the application of the defendant be granted on the condition (among others) that the probationary period of the defendant be and it was fixed at five years on the subordinate condition that for the first eighteen months of such probationary period the defendant be confined in the county jail. In such circumstances, on the application by the defendant, this court granted its writ of habeas corpus for the purpose of determining the validity of the order…