In re Williams

Petitioner was charged, under the name of A. C. Crosby, with two counts of violation of section 11910 of the Health and Safety Code and one count of violation of section 11530 of the Health and Safety Code. He pled guilty to the count charging a violation of section 11530. When the matter came on for sentence, the trial court, pursuant to para *55 graph (3) of subdivision (b) of section 17 of the Penal Code, 1 suspended proceedings, granted him probation and declared the offense to be a misdemeanor. The other two counts were dismissed.

Thereafter it was discovered that, in his interviews with the probation officer, petitioner had not disclosed that he also used the name Williams and that, under that name, he had a long criminal record. On the basis, of that conduct, the trial court made orders which: (1) purported to “vacate” the order of probation; (2) appointed psychiatrists under section 730 of the Evidence Code; (3) adjourned the criminal proceedings, and committed petitioner to the Department of Corrections for examination and report under section 1203.03 of the Penal Code. After an unsuccessful attempt to secure relief by habeas corpus in the trial court,…