Regnani

This is an appeal from an order of the Superior Court of Siskiyou County granting probation. On May 31,1960, an information was filed in the Siskiyou County Superior Court charging appellant with contributing to the delinquency of a minor, and with resisting arrest. After preliminary examination before a magistrate who held appellant to answer, he was arraigned in the superior court. Before plea the district attorney moved the court to dismiss the contributing count in the interest of justice. Thereupon appellant entered a plea of guilty to resisting arrest. The matter was referred to the probation officer for presentence investigation. The probation officer having filed his report, the matter came before the trial court on August 22, 1960, whereupon appel *193 lant’s counsel read the probation officer’s report and noted that, although probation was recommended, it was also recommended that it be conditioned upon, among other things, incarceration in the county jail for 60 days. Counsel for appellant moved the court that it grant leave to appellant to withdraw his plea of guilty and proceed to trial. After argument, during which factual representations were made to the court, the…