People v. Scott

California Court of Appeal May 31, 1946 No. Crim. 3961Published

Before: White

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Holding. The court held that the defendant waived his right to a speedy trial by failing to object in the trial court, that probation may be revoked in the defendant's absence, and that there is no statute of limitations on the execution of a valid, unsatisfied judgment.

Issues

Whether the defendant was denied his constitutional and statutory right to a speedy trial.
Whether the order revoking probation was void because the defendant was not present.
Whether the court lacked authority to execute a judgment years after it was originally imposed.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It must therefore be held that appellant waived the benefit of the constitutional and statutory provisions by failure to claim it in proper season.”

“His presence was not required as a necessary prerequisite to the court’s revocation of the theretofore extended privilege of probation.”

WHITE, J.

By an information filed by the District Attorney of Los Angeles County on July 9, 1926, the defendant was charged in five counts with the crime of making, drawing, uttering and delivering a check upon a bank without having sufficient money or credit in said bank to pay the same when presented for payment, a felony.

At the time of his arraignment, the defendant entered pleas of “guilty as charged in counts I and II of the information” and “not guilty as to counts III, IV and V.” On July 19,

[783]

1926, defendant was arraigned for judgment and sentenced to imprisonment in the county jail for one year on each of counts I and II to which he had pleaded guilty. Counts III, IV and V of the information were thereupon ordered off calendar.

On April 29, 1927, the defendant and his counsel appeared in court, at which time counts III, IV and V were ordered restored to the calendar. Upon that occasion, by leave of court, the defendant, represented by counsel, withdrew his former plea as to count III, entered a plea of guilty thereto, and waived time for sentence, whereupon judgment was pronounced sentencing him to imprisonment in the state prison for the term prescribed by law. Execution of the sentence was suspended and defendant was placed on probation for ten years. Counts IV and V of the information were thereupon dismissed.

On January 28, 1929, in the absence of the defendant, representations were made to the court that defendant had violated the terms of his probation, whereupon a bench warrant was ordered issued and a hearing on violation of probation was set for February 20, 1929. Upon this date the court made an order revoking the probation theretofore granted to the defendant and issued a bench warrant for his apprehension. On March 22, 1945, the defendant, having been apprehended, appeared in court with his counsel, at which time the court made an order that “probation having been heretofore revoked, defendant is remanded into the custody of the sheriff for execution of sentence heretofore imposed on April 29, 1927, committing this defendant to the state prison of the State of California at San Quentin for the term prescribed by law.” Thereupon the defendant gave notice of appeal “from the judgment and order after judgment in the above entitled case.”

People v. Scott

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WHITE, J.

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