PEOPLE v. SMITH

Docket No. 822.

12 Cal.App.3d 621 (1970)

90 Cal. Rptr. 811

THE PEOPLE, Plaintiff and Respondent, v. HOLT EUGENE SMITH, Defendant and Appellant.

Court of Appeals of California, Fifth District.

November 2, 1970.


Attorney(s) appearing for the Case

COUNSEL

Howard Renge, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

COAKLEY, J.

This is an appeal from a judgment sentencing the appellant to prison following an order revoking probation. Appellant contends that the judgment must be reversed because:

(1) The term of his probation had automatically expired on May 6, 1969, and, therefore, the court had no jurisdiction when it sentenced him to prison on August 5, 1969; and

(2) The probation officer's special report, upon which...

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