People v. Neal

WOOD (Parker), J.

Defendant was charged in two counts with violation of section 288 of the Penal Code. It was alleged in the information that he had been convicted previously of violating said section. Trial by jury was waived. On June 10, 1949, he was convicted on both counts, and his request for permission to file an application for probation was granted. The date set for pronouncing judgment, for a hearing on the application for probation, and for “the determination of the prior conviction,” was July 7, 1949.

On said July 7th, the defendant appeared and filed his affidavit of sexual…