People v. Williams

BARNARD, P. J.

The defendant was accused of grand theft in the taking of an automobile. A jury found him guilty of a violation of section 503 of the Vehicle Code, an included

[145]

offense. On June 22, 1954, the imposition of sentence was suspended, and he was placed on probation for a period of three years, which was later changed to five years. One of the conditions of probation was that he should refrain from the operation of a motor vehicle, and should not apply for an operator’s license, during the entire period of probation.

On March 26, 1956, the court made an order revoking defendant’s probation, and also entered a judgment sentencing him to prison. In revoking probation, the court said: “I am revoking his probation solely upon the ground he has driven in violation of the probation order.” The defendant has appealed from the order revoking his probation, and from the judgment. The order revoking probation is not appealable although that order is reviewable on the appeal from the judgment.

(People

v.

Robinson,

43 Cal.2d 143 [271 P.2d 872].)

The appellant’s sole contention is that the court was without power to require, as a condition of probation, that he refrain from operating a motor vehicle for more than one year. He relies on section 293 of the Vehicle Code. That section reads:

“In no event shall a court revoke or suspend a license or the privilege of any person to operate a motor vehicle or as a condition of probation prohibit the operation of a motor vehicle for a period of time longer than that specified in this code. Any such prohibited order of a court, whether imposed as a condition of probation or otherwise, shall be null and void and the department shall restore or reissue a license to any person entitled thereto irrespective of any such invalid order of a court. ’ ’

The respondent contends that section 293, which appears in chapter 3 of division 4 of the Vehicle Code, was not intended to apply to or refer to the periods of time mentioned in chapter 4 of that division; that section 293 was not intended to limit the court’s power to impose such a condition of probation, except with respect to the misdemeanor cases involving the use of automobiles which are mentioned in chapter 3; that a court has an inherent power to impose conditions of probation which may not be taken away by the Legislature in the absence of a clear expression of such an intent; and that no such intent here appears.