In re Jordan

REGAN, J. Enrique Jacques Jordan, by means of a petition for a writ of habeas corpus, seeks to be released from Folsom Prison and delivered to the Los Angeles Superior Court for further proceedings.

Petitioner is imprisoned pursuant to a judgment (designated ease number 119716, robbery) and commitment of that court for the crime of robbery in the second degree, entered on November 1, 1961. Petitioner is also imprisoned pursuant to a second judgment (designated case number 249260, possession of narcotics) and commitment of that court on his plea of guilty for the crime of possession of narcotics (Health & Saf. Code, § 11500) and to a prior federal narcotics felony conviction, also entered on November 1,1961.

In September 1948, petitioner was convicted in the Los Angeles Superior Court of the crime of second degree robbery, The proceedings were suspended and probation granted for a period of five years under the following conditions: “Said defendant must serve the first year of his probationary period in the County Jail, with good time allowed, if earned. Upon his release from the County Jail, Defendant Enrique Jordan must return to Texas and remain out of the State of California during his probationary period and said defendant must report as required. ” No appeal was taken from this order.

On November 2, 1949, a probation officer for Los Angeles County filed a report with the court recommending a revocation of probation and an imposition of sentence against petitioner. The revocation of probation was recommended on the grounds that petitioner had been sentenced in the State of Texas on October 7,1949, to a term of two years for theft. The court, on November 2,1949, revoked the probation and a bench warrant was ordered issued.

Petitioner, 12 years later, on October 2, 1961, appeared in Los Angeles Municipal Court charged with a violation of section 11500 of the Health and Safety Code (possession of narcotics), as well as six violations of section 476 of the Penal Code (forgery). He was not represented by counsel at this appearance. Preliminary examination was set for October 6, 1961; on this date petitioner, then represented by the deputy public defender, entered a plea of guilty to the felony offense of section 11500 of the Health and Safety Code (ease number [256249]260), and was remanded to the superior court. According to the record, the court also ordered the dismissal of the six counts of violation of section 476 of the Penal Code, on motion of the People.