People v. Dale

Opinion

THOMPSON, J.

This appeal from judgments imposing state prison sentences after revocation of probation involves the issue of extension of the doctrines of

In re Tahl,

1 Cal.3d 122 [81 Cal.Rptr. 577, 460 P.2d 449], and

In re Mosley,

1 Cal.3d 913 [83 Cal.Rptr. 809, 464 P.2d 473], to probation revocation hearings. We conclude that the rule of those cases does not apply in proceedings to revoke probation and therefore affirm the judgments.

Appellant had been convicted in two separate prosecutions of second degree burglary (Pen. Code, § 459). After a period of confinement in the California Rehabilitation Center for narcotics addiction, he was rejected for further treatment. Proceedings were continued suspended in both cases

[193]

and appellant was placed upon probation for a term of five years on a number of conditions, including cooperation with the probation officer in a program for “narcotic prevention.” Appellant deserted probation. He failed to appear for a hearing, and his probation was revoked in one case on October 12, 1972, and on January 29, 1973, in the other. Bench warrants were issued calling for his arrest.

Appellant was arrested. On January 31, 1973, the public defender was appointed to represent appellant and proceedings were continued to February 14. Because of a conflict of interest, private counsel was substituted for the public defender. A hearing on revocation of probation and sentence was held on February 16. Defense counsel stipulated that the matter might be heard and determined upon a supplemental probation report ordered by and furnished to the trial court. Acknowledging that the report was “negative,” counsel argued against a state prison sentence based upon the remoteness of the crimes and appellant’s efforts at rehabilitation. Appellant personally sought to convince the trial court that he should be recommitted to the California Rehabilitation Center. The trial court did not inform appellant of the procedural safeguards afforded by

People