Wetteland

pro tern. * -This is a proceeding to prohibit the trial court from committing petitioner to California Youth Authority following the revocation of his probation.

The facts are undisputed. In August 1965 the petitioner pleaded guilty to a violation of section 459, Penal Code, and the court determined that he was guilty of second degree burglary. On September 10, 1965, he was sentenced to serve 180 days in the county jail. Execution of this sentence was suspended and petitioner was placed on probation for two years. On March 21, 1966, he was found to be in violation of probation and probation was revoked and a bench warrant was issued. On January 30, 1967, petitioner appeared in the respondent court on the warrant, having been extradited from Minnesota.

After several continuances, petitioner again appeared in court on March 22, 1967, and asked the court to again place him on probation or to allow the 180-day judgment to go into effect and give him credit for time served on other charges in Minnesota and in California. The court then advised petitioner that if the court did not place him on probation the court would send him to the Youth Authority. The matter was then continued to…