People v. Taylor

TAYLOR, J.

—On this appeal from an order revoking probation, defendant contends there was no basis for the order and that she was deprived of procedural due process at the hearing. We have concluded that there is no merit in either of these contentions.

The facts are not in dispute. On July 29, 1965, defendant was found guilty of petty theft, in violation of section 488 of the Penal Code (a misdemeanor) and then sentenced. Thereafter, execution of the sentence was suspended and she was placed on probation for a period of three years on condition that she make restitution in the sum of $82.50 and pay a fine of $100. On March 7, 1966, she was arrested for prostitution (Pen. Code, § 647, subd. (b)) but the matter was subsequently dismissed. On August 15, 1966, she was arrested again for another violation of section 647, subdivision (b) of the Penal Code and suspicion of a violation of section 211 of the Penal Code, robbery, a felony. Thereafter, on November 28, 1966, her probation was revoked and the suspended sentence reinstated.

At the revocation hearing and at all proceedings prior thereto, defendant was represented by counsel. At the hear

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ing, the trial court indicated that for the purposes of the revocation hearing, it would consider defendant innocent of the robbery charge then still pending. The court noted that the supplemental probation report of August 15, 1966, showed that defendant had not reported since June 8, 1966, to her probation officer, had paid only a portion of the fine and nothing on the restitution, had moved without leaving a forwarding address, had practiced prostitution, and otherwise violated the terms and conditions of her probation. On August 30, 1967, the robbery charge was dismissed on motion of the district attorney.

Defendant first contends that since both matters for which she was arrested were subsequently dismissed, there is no basis for the revocation of probation. She relies on

People

v.

Manriquez,

231 Cal.App.2d 725 [42 Cal.Rptr. 157], wherein the judgment that was the basis of the revocation proceedings was subsequently reversed on constitutional grounds. There, the appellate court vacated the order revoking probation and remanded the matter to the trial court. Defendant argues that the same procedure should be followed here.