People v. Ford

FLEMING, J.

Ford was convicted in Los Angeles of possession of heroin (Health & Saf. Code, § 11500) on Janu

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ary 30, 1962. Proceedings were suspended, and probation was granted for five years on condition that the first year be spent in the county jail.

On March 30, 1964, Ford pleaded guilty to a charge of second degree burglary in a Riverside court and was sentenced to prison.

On July 20, 1964, Ford pleaded guilty in federal district court to a violation of 26 United States Code section 4724(e) (possession of narcotics) and was sentenced to five years in state prison.

On October 23, 1964, Ford was sentenced to prison on his 1962 Los Angeles heroin conviction, probation having been previously revoked on May 22,1964. The sentence was ordered to run concurrently with any existing sentence.

Ford appeals from the order of the Los Angeles court revoking his probation and imposing a state prison sentence.

(People

v.

Robinson,

43 Cal.2d 143 [271 P.2d 872].) He contends that, under Penal Code, section 1203.2a, the Los Angeles court lost jurisdiction to revoke his probation and sentence him.

The pertinent parts of section 1203.2a read: “If any defendant who has been released on probation is committed to a prison in this State for another offense, the court which released him on probation shall have juristietion to impose sentence, if no sentence has previously been imposed for the offense for which he was granted probation, in the absence of the defendant,

on the request of the defendant made through his counsel, or by himself in writing,

if such writing is signed in the presence of the warden or superintendent of the prison in which he is confined

or the duly authorized representative

of the warden or superintendent, and such warden or superintendent or his representative attests both that the defendant has made and signed such request and that he states