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  5. 197 Cal.App.2d 108 (1961)
 

PEOPLE v. ALBERTS

Docket No. 1486.

197 Cal.App.2d 108 (1961)

17 Cal. Rptr. 48

THE PEOPLE, Plaintiff and Respondent, v. ARTHUR WILLIAM ALBERTS, Defendant and Appellant.

Court of Appeals of California, Fourth District.

November 17, 1961.

Attorney(s) appearing for the Case

David H. Hayworth, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, and William E. James, Assistant Attorney General, for Plaintiff and Respondent.

COUGHLIN, J.

The defendant was charged with grand theft, i.e., a violation of section 487, subdivision 1 of the Penal Code, and with a prior conviction and imprisonment in the state prison for robbery in the first degree; pleaded guilty to the theft charge and admitted the allegations of prior conviction and imprisonment; applied for probation and, at the probation hearing, admitted that he was armed with a deadly weapon at the time of the prior robbery. The

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