People v. Perkins

On this appeal from a judgment of conviction of first degree robbery defendant attacks the holding of the trial court that a 1949 amendment of a provision of section 1203 of the Penal Code did not change the meaning of that section. Prior to such amendment the applicable portion of the section required that “probation shall not be granted to any defendant who shall have been convicted of robbery . . . and who at the time of the perpetration of said crime . . . was armed with a deadly weapon ...” It was settled case law that the section forbade the granting of probation to one who, although…