McGraw

This is an appeal from a judgment which in effect revoked an order granting probation, and reinstated the original sentence.

In an information filed in Los Angeles County on July 28, 1958, the defendant was charged with two counts of issuing checks with insufficient funds in violation of section 476a, Penal Code. The information also charged and set forth six prior felony convictions.

The defendant pleaded guilty to Count 1 of the information and admitted the first charged prior conviction. The minute entry recites in part: . Other prior convictions denied and jury waived on issue re second, third, fourth and fifth prior convictions.” Nothing is mentioned with reference to the sixth prior conviction.

The determination of the truth of the charges with reference to the priors was to be made at the time of sentence. Defendant made an application for probation and the judge permitted him to so apply although obviously the defendant was, at that time, not legally eligible to do so.

*885 A later minute entry refers to “the four prior convictions.” (Emphasis added.) The probation officer filed a report which set forth, among other things, that the defendant was above average…