Bagley
People v. Bagley
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…