Dwyer

People v. Dwyer

Bad Law
138 Cal. App. 3d 175·187 Cal. Rptr. 692·1982 Cal. App. LEXIS 2221
Court of Appeal of CaliforniaDecember 16, 1982Crim. No. 42040California1,858 words

Opinion

Lead Opinion

Gates, J.

From the uncontested, but limited record before us, 1 it appears that on November 22, 1970, when respondent Walter Dwyer was eighteen years of age, he was accused in the present proceeding (Los Angeles Superior Court case No. A509798) with having committed a residential nighttime burglary. Approximately two weeks later he was again arrested and charged in a Riverside County action in three counts with possessing dangerous drugs, marijuana, and alcohol. On January 1, 1971, respondent in some fashion was convicted of these latter offenses and granted probation upon certain terms and conditions which included a period in jail and the payment of a specified fine.

*177 On April 23, 1971, apparently as the result of a negotiated disposition, a second count alleging receipt of stolen property was added to the burglary charged in the present action and respondent pled guilty thereto. Here, too, proceedings were suspended and he was placed on probation. Again a term in the county jail was a condition thereof. Respondent seems to have successfully completed this probation 2 for his conviction was set aside on April 15,1974, 3 in accordance with the provisions of Penal Code section…

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