gno.law

People v. Fields

California Court of Appeal · Docket No. 2356. · 1933-04-06 · Published · 20 P.2d 988 · 131 Cal. App. 56 · 1933 Cal. App. LEXIS 799

The PEOPLE, Respondent, v. MAX FIELDS, Appellant

Proceeding
appeal from a judgment
Trial court
Superior Court of Los Angeles County
Trial judge
Elliott Craig
Outcome
affirmed — Affirmed.
Area
criminal
Panel
Jess E. Stephens (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Stephens

STEPHENS, J.

The appellant had pleaded guilty to the offense of possession of a still, a felony, had been granted probation, was given a hearing after appearing on a bench warrant and his probation was revoked. He was thereupon *57 duly adjudged guilty and sentenced. His appeal here is upon the points that in revoking the probation the court acted arbitrarily and in excess of and contrary to accepted principles of judicial discretion, and that the facts elicited at the hearing were insufficient.

The facts are not with appellant. The court inquired exhaustively into whether or not the probationer had been frequenting gambling places and as to whether or not he had driven a man to San Francisco under very suspicious circumstances. The man had been shot in the leg and was under police suspicion of having been involved in a murder.

The best that can be said of the evidence so far as appellant, is concerned is that it was conflicting. Under section 1203 of the Penal Code the discretion of the court to revoke an order of probation is very broad. The hearing therein provided for is not required to be had under the fixed rules of a trial for an offense committed. The probationer stands before the court guilty of having committed an offense against the state. He has been granted an extraordinary relief from suffering the penalty of his offense because the court believed he would remold himself into a good citizen.

The court having revoked the order of probation upon evidence that could reasonably be taken as showing the probationer unworthy of the relief that had been granted him, as was done in this case, such order will not be disturbed upon appeal.

The judgment is affirmed.

Craig, Acting P. J., and Archbald, J., pro tom., concurred.

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