State Ex Rel. Schock v. Barnett

The question presented by this proceeding is whether or not the trial court has the power to consider- a petition for probation, filed by a defendant after the judgment and sentence imposed upon him has been affirmed on appeal.

Defendant was found guilty of a felony by a jury in Yakima county, and sentenced to the penitentiary. He made no motion for probation or for the suspension of the sen tence when it was imposed, but appealed to this court. The judgment and sentence was affirmed. State v. Schock, 41 Wn. (2d) 572, 250 P. (2d) 516 (1952). Rehearing was denied, and the remittitur was filed…