Lathrom

People v. Lathrom

Good Law
13 Cal. Rptr. 335·192 Cal. App. 2d 232·1961 Cal. App. LEXIS 1931
Court of Appeal of CaliforniaMay 17, 1961Crim. No. 7662California544 words

Opinion

Lead Opinion

Fourt, J.

This is an appeal from “the judgment of conviction and revocation of probation ...”

In an information filed in Los Angeles County, appellant was, on or about November 10, 1957, charged in Count 1 with burglary and in Count 2 with a violation of section 496 Penal Code (receiving stolen property). The appellant pleaded not guilty to each count and the cause went to trial. On April 22, 1958 a jury found the appellant not guilty as charged in Count 1 and deadlocked as to Count 2. A retrial of Count 2 was set and on May 12, 1958, the appellant withdrew his plea of not guilty as to Count 2 and entered a plea of guilty as charged. Probation was sought and on June 10,1958, appellant was granted probation; a part of the terms being that he pay $750.00 fine and obey all laws and be imprisoned in the county jail for the term of one year. The sentence was suspended for three years.

On April 27,1960 the court found that because of appellant’s conviction of arson in our ease Criminal No. 7240 (People v. Lathrom, ante, p. 216 [ 13 Cal.Rptr. 325 ]), Superior Court No. 221458, the terms of probation were violated. No other cause, reason or excuse was given for the revocation of *233 probation in…

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