Victor
People v. Victor
Opinion
Lead Opinion
Fourt, J.
This is an appeal from the “sentence imposed Dec. 29,1965 in Dept. 110 of Superior Court ...”
In an information filed in Los Angeles County on March 27, 1962, defendant in count I was charged with assaulting Florence Fisher with a deadly weapon with intent to commit murder on or about March 1, 1962, and in count II with assaulting Valerie B. Gilmore with a deadly weapon with intent to commit murder on or about March 1, 1962. Defendant, with counsel, was arraigned and pleaded not guilty on March 27, 1962. On April 24, 1962, the date set for trial, defendant, with counsel, withdrew his plea of not guilty and pleaded guilty to two counts of violation of section 245, Penal Code (assault with a deadly weapon, a lesser and necessarily included offense). Defendant made application for probation. The probation officer’s report indicates that the attack by defendant upon the two women was unprovoked, that Mrs. Fisher (one of the victims) was, at the time of the hearing, paralyzed on one side and confined at Rancho Los Amigos Hospital; further, that Miss Gilmore, a victim, was hospitalized for a short period of time. It was recommended by the probation officer that probation be denied.