Eisenberg

In each of five counts of an information, the defendant was charged with the crime of issuing a check without sufficient funds in violation of section 476a of the Penal Code. These offenses were alleged to have occurred, respectively, on or about March 3, 4, 6, 9, and 11, 1961. He was found to be guilty of each offense in a trial by jury. His motion for a new trial was denied and it was adjudged that he be punished by imprisonment in the state prison. He has appealed from the order denying his motion for a new trial and from the judgment (2d Criminal No. 8137).

In 1958 the defendant pleaded guilty to two charges of the crime of issuing a cheek without sufficient funds in violation of section 476a of the Penal Code as alleged in a complaint filed in the municipal court, and on June 2, 1958, after the ease had been certified to the superior court (see Pen. Code, § 859a), proceedings were suspended without the imposition of sentence and the defendant was placed on probation for a period of three years upon certain terms and conditions. Later, on June 24, 1960, the period of probation was extended for an additional year. On December 14, 1961, at the time judgment was pronounced in…