Renzulli

Thomas James Renzulli, defendant, has appealed from an order made May 22, 1973, placing him on probation after he had entered a plea of guilty to a charge of grand theft from the person (Pen. Code, § 487, subd. 2).

Defendant was placed on probation for one year, upon the condition he serve one year in the custody of the sheriff, with one day suspended.

The plea of guilty was the result of a plea bargain, the terms of which were set forth in the written statement in support of the motion to change plea, and elaborated in the oral exchanges between the court, defendant, and counsel on both sides.

*677 He contends he refused probation and under the terms, of his plea bargain he could be sentenced only to local custody. His aim is to obtain a misdemeanor sentence, 1 as though by standing on his plea of guilty and the bargain on which it was based he could refuse probation on whatever terms it might be granted and thus compel a misdemeanor sentence.

If this strategy was planned, it must have been after the plea of guilty was entered; it was not disclosed prior to the filing of the probation report. There was no condition in the plea bargain that the offense be declared a…