People v. Wendes

JEFFERSON, J.—By

information in case No. 269233, defendant was charged with four counts of forgery (Pen. Code, §470), committed on or about June 30 and July 1, 1962. Defendant, appearing with counsel, pleaded guilty to count one on February 15, 1963. Proceedings were suspended, probation was granted for a period of four years upon certain conditions, and the remaining counts were dismissed. On February 25, 1964, defendant’s probation was revoked ex parte, and a bench warrant issued.

By another information, in case No. 292456, defendant was charged with two counts of forgery committed on or about February 14 and February 28, 1964. Defendant, represented by counsel, personally pleaded nolo contendere; the court accepted this plea and a probation report was ordered. On September 10, 1964, probation was denied as to count one and defendant was sentenced to state prison for the term prescribed by law. Count two was dismissed on the same date.

At the hearing on September 10, 1964, at which defendant was present and represented by counsel, probation was revoked in case No. 269233, and defendant was sentenced to state prison for the term prescribed by law. The sentences in the two cases were ordered to run concurrently. Defendant appeals from the judgments rendered. In addition to the brief filed on appeal by defendant’s appointed counsel, defendant filed briefs in propria persona. We find no merit in any of the contentions urged.

In regard to the alleged irregularity in the revocation of defendant’s probation and the imposition of sentence in case No. 269233, defendant does not dispute the correctness of the finding that he had violated the terms of his probation. The revocation of probation was well within the probationary period which was to last until 1967. Defendant was present and represented by counsel at the hearing on the revocation of probation which was held on September 10, 1964. He was sentenced at the same hearing. The fact that this hearing had been set earlier (on August 4, 1964), but had been continued to this date without any reason appearing in the record, gives defendant no ground for argument, since we may not presume that there was any irregularity under such circumstances.

{People

v.

Hubert,

204 Cal.App.2d 617, 619 [22 Cal.Rptr. 450].) Although there is no time limit within

[816]