[DOWNLOAD] "Stamper v. City of Los Angeles" by Second Appellate District, Division Two District Court Of Appeal Of California " Book PDF Kindle ePub Free
eBook details
- Title: Stamper v. City of Los Angeles
- Author : Second Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 10, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Upon habeas corpus it appears that petitioner was charged by an amended information filed in Madera County, November 14, 1946, with the crime of driving a vehicle while under the influence of intoxicating liquor, contrary to section 501 of the Vehicle Code, and three prior convictions of felonies. He pleaded guilty of the principal offense and admitted the prior felonies. Probation was granted and the defendant signed a written consent to the terms thereof. Probation was erroneously granted for the reason that section 1203 of the Penal Code precludes the granting of probation when the defendant has been previously convicted of any felony. The petitioner admitted a prior conviction of the crime of receiving stolen goods. Sentence was suspended November 16, 1946, and the court ordered that petitioner be granted probation for a period of two years on condition that he pay a fine of $500 and serve 30 days imprisonment in the county jail, and refrain from the use of intoxicating liquor and narcotics. The fine was paid. On petition of the probation officer, after hearing at which the defendant was present and testified in his own behalf, he was found guilty of violating the terms of his probation, and the court, on January 4, 1947, thereupon revoked his probation and sentenced him to state prison "for the term prescribed by law." Pursuant to that sentence he was committed to San Quentin State Prison.