People v. Thrash

Opinion

BROWN (Gerald), P. J.

John Thrash appeals an order revoking his probation which was granted following his plea of guilty to one count of receiving stolen property (Pen. Code, § 496, subd. 1). After the plea, the court dismissed two counts of receiving stolen property and three counts of burglary (Pen. Code, § 459). The court granted a certificate of probable cause (Pen. Code, § 1237.5), following reinstatement of probation.

Contrary to a written condition of his probation, Thrash left California. He contends the court could not revoke his probation for this violation because he was never orally advised of this condition.

The probation officer’s report, filed September 29, 1975, did not contain any recommendations as to travel restrictions. When it placed Thrash on probation, the court said it suspended imposition of sentence on condition he serve one year in custody and “on other conditions set forth in the probation report.”

Thrash received a copy of an amended probation order. The preprinted portion of that order recites the travel restrictions. The amended order was signed October 6, 1975 nunc pro tunc September 29, 1975.

Thrash was not present at the time the travel restrictions were set and says he did not have a chance to object to that condition of probation. This he says leads to an anomalous result since he was required to be in court for sentencing (Pen. Code, § 977, subd. (b)) but had no opportunity to contest the terms of probation or to reject probation if the terms were too onerous

(In re Osslo,

51 Cal.2d 371, 374 [334 P.2d 1]). However, a

[901]

grant of probation is npt part of the judgment that creates vested rights; the court has the authority to revoke, modify or change its order. Thrash does not claim he did not know what the probation conditions were; he could have petitioned the court if he had wanted to challenge or reject the terms of his probation

(People

v.

Labarbera,