In Re Phillips

SPENCE, J., pro tem., Concurred.

I concur, as there was clearly a final judgment of conviction in the present ease upon which the order of disbarment was based. I believe, however, that it is proper to call to the attention of the legislature the anomalous situation presented by our statutes relating to probation.

When a court decides to grant probation either upon application of the defendant or upon its own motion (Pen. Code, sec. 1203), it may suspend the imposition of sentence or it may impose sentence and suspend the execution thereof. (Pen. Code, sec. 1203.1.) Either procedure is based…