Parga

People v. Parga

Good Law
1967 Cal. App. LEXIS 2293·249 Cal. App. 2d 820·57 Cal. Rptr. 829
Court of Appeal of CaliforniaMarch 30, 1967Crim. No. 12072California537 words

Opinion

Lead Opinion

Wood, J.

On October 1, 1963, defendant pleaded guilty to violating section 459 of the Penal Code (burglary), and the court made an order in part as follows: " Proceedings suspended. Three years probation the first year in County Jail Concurrent with case 258188. ’ ’

About two years thereafter (November 24, 1965) the court made an order revoking probation, and a bench warrant was *821 issued. On December 6, 1965, a probation officer’s supplemental report was ordered, the order revoking probation was vacated, and further proceedings were continued to December 29, 1965.

. On December 29, 1965, with counsel for the parties present, there was a hearing and the court entered a judgment which provides in part as follows: ‘ ‘ Pound in violation of probation. Probation revoked. Notified of provisions of 1203.4a Penal Code. . . . Whereas the said defendant having duly pleaded guilty in this court of the crime of Burglary (See. 459 PC), of the second degree, a felony ... It Is Therefore Ordered . . . that . . . defendant be punished by imprisonment in the County Jail . . . for the term of one year. ’ ’

Appellant contends that the court did not comply with section 1200 of the Penal Code in that “At…

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