In re Ramey

Petitioner, Harold Douglas Ramey wrote cheeks on insufficient funds in San Diego County in 1959 and early 1960 (Pen. Code, § 476a). Later in 1960 he engaged in similar offenses in Los Angeles County. In 1964 he pleaded guilty in San Diego County to the offenses committed there; the probation report enumerated the offenses, including those in Los Angeles County. Ramey was granted probation. He was authorized to live in Los Angeles County. Upon doing so he was rearrested for the offenses there, pleaded guilty, and was sentenced to prison.

Ramey then requested the superior court in San Diego County to sentence him under Penal Code section 1203.2a which provides in part: “Upon imposition of sentence hereunder the commitment shall be dated as of the date upon which probation was granted and if the defendant is then in *460 a State prison for an offense committed subsequent to the one upon which he has been on probation, the term of imprisonment of such defendant under a commitment issued hereunder shall commence upon the date upon which defendant was delivered to prison under commitment for his subsequent offense, unless the court shall order that the sentence for said prior offense…