In Re Scarborough

THOMPSON, J.

By means of habeas corpus the petitioner seeks to obtain his release on probation from the county jail in San Joaquin County on the ground that his probation was illegally revoked because he violated a provision of the judgment granting probation under section 1203.1 of the Penal Code, that it would be suspended in part on condition that he leave Stockton and San Joaquin County and remain away for a period of two years. After serving imprisonment for about three months, the defendant was, on April 26, 1946, released on parole. The order granting parole did not contain the provision that the defendant should leave Stockton and San Joaquin County and remain away for two years. The only condition which it contained was that “he go to work immediately . . . and remain sober; that he commit no public offense; . . . that he go to work and support his wife and

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father. ’ ’ He did not leave Stockton but continued to reside there in his home with his wife and father. After he had been at liberty for four months, he was taken into custody and his probation was revoked for failing to leave and remain away from Stockton. The full term of his commitment has not expired.

February 5, 1,946, the petitioner was charged in the Police Court of Stockton, in two counts, with violations of sections 250a and 502 of the Vehicle Code. He pleaded guilty to both offenses and was sentenced to imprisonment in the county jail for the term of 180 days on each count. It was specifically provided the terms for the two offenses should run consecutively. The judgment then provided that the ‘ ‘ last 180 days of said judgment suspended on condition that defendant leave the City of Stockton and San Joaquin County after 180 days served and be not found in said City and County for a period of two (2) years from said date.”

Petitioner alleged in his application for a writ of habeas corpus that he did not know that his probation was conditioned upon his leaving Stockton for a period of two years. The printed copy of his parole, which was served on the defendant and is attached to the petition, contains no such condition. He did not leave the city of Stockton. On August 29th he was taken into custody and his probation revoked for failure to leave the city of Stockton as provided by said condition in the judgment, and he was recommitted to the county jail to serve the balance of his consecutive terms of imprisonment. It is conceded his probation Avas not revoked on any other ground.