People v. Jackson

[182]

MUSSELL, J.

Defendant appeals from a judgment of conviction of grand theft on a plea of guilty, and from the order denying probation.

Defendant was charged by information with the crime of grand theft, a felony, that on May 24, 1948, he unlawfully took the property of one Art Morgan, consisting of $3,000. The defendant entered a plea of guilty to the charge and made application for probation. The matter was referred to the probation officer and at the time of the hearing on the application the defendant and his counsel were present in court during the taking of testimony of witnesses in support of the defendant’s request for probation. The probation officer recommended that probation be denied. The court followed the recommendation, denied probation, pronounced judgment, and sentenced the defendant to the state prison.

The sole contention of defendant on this appeal is that the trial court abused its discretion in denying probation.

There is no appeal from an order denying probation. '

(People

v.

Erickson,

74 Cal.App.2d 339, 340 [168 P.2d 417].)

It is a well-settled rule that the matter of exercising the power of probation is committed to the sound discretion of' the trial court, and that an order denying probation will not be reviewed on appeal unless it be shown that there was an abuse of that discretion.

(People

v.

Wiley,

33 Cal.App.2d 424, 429 [91 P.2d 907].) Probation is not an absolute right to which a defendant is entitled, but is an act of clemency which may be granted.

(People

v.

Hainline,

219 Cal. 532 [28 P.2d 16];