People v. Rye

BLACKSTOCK, P. J.

On the 19th day of January, 1956, in the Municipal Court of Oxnard-Port Hueneme Municipal District of Ventura County, California, the respondent (defendant in the court below) was convicted of violation of the California Vehicle Code, section 560, subdivision (a).

Whereupon, the court pronounced judgment as follows:

“The Court orders that defendant is sentenced to pay a fine of ten ($10.00) dollars and in case all of said fine is not paid forthwith, defendant is to be imprisoned in the Oxnard City Jail for one day for each $5.00 of the fine not paid until the fine is satisfied in full.

“Whereby all of said sentence is hereby suspended.”

The People appeal “to the Superior Court of the State of California in and for the County of Ventura,

from the order suspending the execution of the judgment

rendered by said Municipal Court on January 19th, 1956, . . . which said order was rendered subsequent to the pronouncement of said judgment on said date.” (Emphasis ours.)

The respondent argues that the People waived the right to appeal at the time the order ■ appealed from was made, but we do not agree with respondent in this respect.

*Supp. 964

The appellant contends on appeal, “that the order either places said defendant upon probation or is void, and if the effect of the order is to place said defendant upon probation then the order, while not void, is nevertheless erroneous because the trial court failed to follow the statutory procedure to place the defendant upon probation in the following respects : It did not (1) set the term of the probationary period, (2) impose and require conditions of probation, (3) require said defendant to report to the court or to the probation officer during the period of term of his probation, (4) require that the fingerprints of said defendant be taken, (5) furnish defendant with probation papers, and (6) inform defendant of his rights under Section 1203.4 of the Penal Code.”

We think the appellant has misconceived the law applicable to this case.

It is conceded on all sides that the municipal court judge merely pronounced judgment as above set forth and said nothing whatever about probation. But there is no question in our minds but that the effect of the order as made by the municipal court was to place the defendant on summary probation. Section 1203b of the Penal Code is as follows: