Sturgeon

Appellant in 1974 pleaded guilty to a violation of Vehicle Code section 10851. The court reduced the offense to a misdemeanor (Pen. Code, § 17), and placed him on probation for three years. Within months thereafter appellant was charged with and pleaded guilty to second degree burglaiy. (Pen. Code, § 460.)

At the hearing for violation of his probation in March of 1975, appellant offered to prove as an explanation of the burglary offense and as evidence in mitigation addressed to the revocation issue: he was not guilty of the burglary even though he had entered a plea of guilty to the charge; he had pled guilty because he had a sister coming to Los Angeles and he had been told that if he pleaded guilty he would be allowed to go home by Christmas; his family was in a constant feud with the victim of the burglary; as a result the charge had been filed against him out of *713 spite; he was ready to call witnesses present at the hearing who would testify that he had been at another place at the time of the burglary; testimony would show that two other people had committed the burglary; other evidence would show that “Earthquake,” a friend of appellant’s, had come to…