People v. Horton

Defendant Carol Anita Horton appeals from an order denying her motion made purportedly under Penal Code, section 1168, requesting that the court order that a diagnostic study be made pursuant to Penal Code, section 5079, to enable the court to consider recalling her sentence and ordering probation.

Facts

On April 21, 1967, defendant was sentenced to state prison after pleading guilty to a charge of endangering the health of a child under circumstances likely to produce great bodily harm or death. (Pen. Code § 273a, subd. (1).) On February 23 1968, she made the motion, the denial of which is the…