People v. Victor

FOURT, J. This is an appeal from the “sentence imposed Dec. 29,1965 in Dept. 110 of Superior Court ...”

In an information filed in Los Angeles County on March 27, 1962, defendant in count I was charged with assaulting Florence Fisher with a deadly weapon with intent to commit murder on or about March 1, 1962, and in count II with assaulting Valerie B. Gilmore with a deadly weapon with intent to commit murder on or about March 1, 1962. Defendant, with counsel, was arraigned and pleaded not guilty on March 27, 1962. On April 24, 1962, the date set for trial, defendant, with counsel, withdrew his plea of not guilty and pleaded guilty to two counts of violation of section 245, Penal Code (assault with a deadly weapon, a lesser and necessarily included offense). Defendant made application for probation. The probation officer’s report indicates that the attack by defendant upon the two women was unprovoked, that Mrs. Fisher (one of the victims) was, at the time of the hearing, paralyzed on one side and confined at Rancho Los Amigos Hospital; further, that Miss Gilmore, a victim, was hospitalized for a short period of time. It was recommended by the probation officer that probation be denied.

On May 16, 1962, proceedings were suspended, probation was granted for five years, a part of the terms being that defendant spend the first 10 months in the county jail (road camp or honor farm recommended), make restitution in amounts as prescribed by the probation officer, not drink liquor and obey all laws.

Probation was modified October 10, 1962, to provide in effect that the time to be spent in the county jail be reduced to the time served, all other terms to remain the same.

On November 18, 1963, the matter was again before the court on a modification proceeding. The probation officer’s report of that date sets forth that the defendant had failed to comply with the conditions of probation; that the amount for restitution had been set at $3,452.32 in January 1963, and defendant had been notified thereof in March 1963, and of his obligations toward restitution on the hospitalization bills of [533]his victims; that since being notified he had paid only two $10 payments (this in spite of the fact that defendant was regularly employed and admittedly earned at least $300 per month). Defendant was ordered to pay $20 per month on the restitution, all other terms of the probation to remain the same.

On November 15, 1965, a violation modification proceeding was filed by the probation officer. It was set forth that on July 23, 1964, defendant had been involved in a criminal battery affair which apparently was compromised and reduced to a disturbing the peace charge. Further, that on May 18, 1965, defendant had been found guilty of a lewd conduct charge. Further, that defendant had paid only $40 on the restitution amount during 1965 and many times had neglected to report to the probation officer. It was recommended, in the light of defendant’s repeated violations of probation, that he be found in violation, that probation be modified and that he spend 30 days in jail. Defendant was directed to appear in court on December 1, 1965. As might be expected, defendant did not appear on December 1, 1965, and a bench warrant was issued for his arrest.