Bagley

People v. Bagley

Good Law
1963 Cal. App. LEXIS 1851·218 Cal. App. 2d 809·32 Cal. Rptr. 663
Court of Appeal of CaliforniaAugust 1, 1963Crim. No. 3474California661 words

Opinion

Lead Opinion

Pierce, J.

Defendant appeals from an "order dated April 29, 1963, revoking probation and remanding defendant to the sheriff to serve a six-month sentence theretofore imposed.

Although the sequence of events began with the imposition *810 of a 60-day sentence upon appellant for being drunk in a public place and the total of days served in jail to date under sentences (or as a condition to probation) by defendant has been nearly 10 months, there is no merit to the appeal. Appellant’s original offense was only the first of a series.

Appellant contends the trial court abused its discretion in revoking probation under the following facts:

Thereafter he made no reports to the probation officer, made no payments on the fine of $250. A bench warrant was issued and appellant was arrested December 21, 1962, and brought before Judge Stoll. His excuse for violation of probation was that he had not received a copy of the probation order. The judge reinstated the probation.

On January 28, 1963, appellant was back in court. He had personally prepared a habeas corpus petition but, appearing before Judge Steel, he was represented by counsel (as he had been at all times previously). It appeared he had…

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