Hinkley

In July 1961, the defendant was charged with, tried by a jury for, and convicted of the offense of receiving stolen property, a violation of section 496 of the Penal Code. He applied for and obtained probation by an order dated August 22, 1961. The term of probation was five years. Imposing of sentence was suspended accordingly. The conditions of probation, among others, were confinement in a county detention facility for six months, and payment of a $500 fine. He did not move for a new trial, nor appeal from *473 the order placing him on probation (Pen. Code, §1237), by which, if desired, he could have obtained both trial and appellate review of the proceedings which culminated in his conviction. The time to do so has expired. As a consequence, his conviction and the order granting probation have become final.

Nevertheless, on March 27, 1963, the defendant moved the trial court “to vacate the conviction and judgment ... of August 23, 1961,” apparently referring to the order of August 22, 1961 granting probation, and also moved “to dismiss the complaint” against him, apparently referring to the information in the case, upon the ground that the court had erred in giving an…