People v. Vasquez

Opinion

STONE, P. J.

Appellant petitioned the Superior Court of Stanislaus County for a writ of error

coram nobis,

which was denied without a hearing. He has appealed upon the ground his sentence to the state prison upon revocation of his probation, exceeded the jurisdiction of the Stanislaus County Superior Court because the court failed to sentence him in accordance with his request, pursuant to the provisions of Penal Code section 1203.2a.

Briefly stated, the facts are these: On October 9, 1964, appellant pleaded guilty to the crime of robbery, in the Superior Court of Stanislaus County. Imposition of sentence was suspended and he was placed on three years’ probation. On April 21,1966, appellant pleaded guilty in the Superior Court of Santa Clara County, to the charge of possessing for sale a narcotic other than marijuana, in violation of Health and Safety Code section 11500.5. He was not sentenced, however, as proceedings were suspended and he was committed to the California Rehabilitation Center at Corona, on May 27, 1966, pursuant to Welfare and Institutions Code section 3051.

Shortly after his commitment to the center, appellant wrote to the probation department in Stanislaus County requesting that the proceedings pending in that county be terminated. Someone in the probation department interpreted the letter to be an application for termination of probation and sentence pursuant to Penal Code section 1203.2a, and answered, correctly pointing out that the letter failed to meet the requirements of that section. Appellant showed the letter to the records officer at the California Rehabilita

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tion Center and was assured by a member of the staff that the matter would be handled and properly taken care of by that office, but heard nothing further.

In the meantime, appellant was placed on “outpatient” status by the California Rehabilitation Center. Apparently upon learning that appellant was an outpatient, the Stanislaus County Superior Court enforced the detainer hold that had been placed against him, and returned him to Stanislaus County, where he was sentenced to state prison for the term prescribed by law. Appellant was then returned to Santa Clara County and sentenced there for the conviction on his narcotic violation, to serve the term prescribed by law, the two sentences running concurrently.