People v. Taylor

Opinion

STEPHENS, Acting P. J.

By information filed on March 4, 1963 defendant was charged with violation of Penal Code section 459 (burglary) in counts I, II and III, and with violation of Penal Code section 664 (attempted burglary) in count IV; a prior conviction of a felony was also charged. Defendant pleaded not guilty and not guilty by reason of insanity, and denied the prior. On June 6, 1963, following the appointment of various doctors, other examinations, hospitalization of defendant and defendant’s subsequent waiver of trial by jury, the case was submitted on the preliminary hearing transcript, and the plea of not guilty by reason of insanity was submitted on the doctors’ reports. Defendant was found guilty as charged and was found to be sane at the time of commission of the offenses. Probation, sentence, and determination of the alleged prior conviction were continued to June 25, 1963. On December 2, 1963, after a new series of examinations, commitment to state hospital, return of defendant from such commitment, and the filing of a new probation report, the charged

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prior was dismissed in the interest of justice on motion of district attorney; the offenses were found to be in the second degree; proceedings were suspended; probation was granted for three years, and defendant was released on various terms and conditions, including: (1) that he would cooperate with the probation officer in a plan for psychiatric, psychological, or other treatment; (2) seek and maintain employment as approved by the probation officer; (3) maintain residence as approved by the probation officer; and (4) obey all laws, orders, rules and regulations of the probation department and of the court. Thereafter, on December 13, 1963, a hearing on violation of probation was set for December 30 and a supplemental probation report alleging violation of probation by desertion was filed; probation was revoked, and a bench warrant for the arrest of defendant was issued; obviously, defendant was not present at these proceedings. It was not until October 23, 1969, that defendant was sentenced in the instant action, and it is that judgment from which defendant appeals.

From the time defendant was initially placed on probation in this case until shortly before the time of sentencing, defendant was in states other than California, as well as being in and out of custody. The superior court file shows that on December 12, 1963, defendant was convicted of criminal charges in Louisiana and received a suspended sentence; this fact was known by the Los Angeles court at the time defendant’s probation was revoked. On that same date (though not shown to be known by the California authorities until April 1969), defendant was returned to a hospital in Florida; on October 2, 1964, defendant was transferred to a hospital in Virginia; on June 18, 1965, defendant was arrested in Washington, D.C., subsequently convicted of criminal charges, and imprisoned; on May 10, 1966, defendant was released from Washington custody; on August 24, 1966, defendant was arrested in Nevada, charged with violation of the Dyer Act, convicted, and sentenced to five years in federal prison.