People v. Schwartz
People v. Schwartz
Opinion of the Court
Defendant pleaded guilty to a charge of violation of section 337a, subdivision 2, of the Penal Code, a felony, which offense is commonly known as bookmaking. On July 20, 1944, upon the hearing of her application for probation, the court suspended proceedings in the case and granted probation for a period of three years upon the conditions that she pay a fine of $100 and “must refrain from gambling or bookmaking and must report regularly to the Probation Department and obey all laws.” On November 29, 1946, the court, in the presence of defendant and her counsel, revoked said order granting probation, and pronounced judgment that defendant be imprisoned in the county jail for six months. Defendant appeals from the judgment.
After probation had been granted the defendant pleaded guilty in another department of the superior court (the date is not shown by the record but it is asserted in appellant’s brief that it was more than two years after probation had been granted) to another and different charge of violation of section 337a of the Penal Code, and the judge in the other department, without referring the matter to the probation department for investigation, granted probation to her on condition that she pay a fine of $500 forthwith. The basis for revoking probation in the present case was the plea of guilty in the other department of the court.
The punishment for violation of section 337a of the Penal Code is “imprisonment in the county jail or state prison for a period of not less than thirty days and not exceeding one year. ’ ’
Section 1203.1 of the Penal Code provides in part: “The court. . . in the order granting probation, may suspend the imposing, or the execution of the sentence and may direct that such suspension may continue for such period of time not exceeding the maximum possible term of such sentence, except as hereinafter set forth, and upon such terms and conditions as it shall determine. The court ... in the order granting probation and as a condition thereof may imprison the defendant in the county jail for a period not exceeding the maximum time fixed by law in the instant case; provided, however, that where the maximum possible term of such sentence is less than two years, then such period of suspension of imposition or execution of sentence may, in the discretion of the court, continue for not over three years; may fine the defendant in such sum not to exceed the maximum fine provided by law in such case; or may in connection with granting probation, impose either imprisonment in county jail, or fine, or both, or neither; may provide for reparation in proper cases; and may require bonds for the faithful observance and performance of any or all of the conditions of probation.” (Italics added.)
Appellant contends that the proviso in said section 1203.1, stating that where the maximum term of such sentence is less than two years then such period of suspension may continue for not over three years, relates to misdemeanors and
Appellant violated the terms of her probation by engaging in bookmaking. Section 1203.2 of the Penal Code provides in part that: “At any time during the probationary period of the person released on probation . . . the court may . . . revoke and terminate such probation ... if the court in its judgment, shall have reason to believe from the report of the probation officer, or otherwise, that the person so placed upon probation is violating any of the conditions of his probation . . . .” The order granting her probation was properly revoked. If the judge in the other department of the court had known, at the time she pleaded guilty to the second offense, that she was then on probation for the prior offense, she could not have been placed on probation for the second offense. Section 1203 of the Penal Code provides: “. . . that probation shall not be granted ... to any defendant unless the court shall be satisfied that he has never in any place been previously convicted of a felony . . . .” Probation having been revoked within the probationary period, and for violation of the terms thereof, it was the duty of the court to pronounce judgment. (People v. Hunter, 42 Cal.App.2d 87, 91 [108 P.2d 472]; People v. Williams, 24 Cal.2d 848, 854 [151 P.2d 244].) The judgment was pronounced within proper time.
The judgment is affirmed.
Shinn, Acting P. J., and Kincaid, J. pro tern., concurred.
Appellant’s petition for a hearing by the Supreme Court was denied August 7, 1947.
Reference
- Full Case Name
- THE PEOPLE v. BLANCHE SCHWARTZ
- Cited By
- 1 case
- Status
- Published