People v. Williams

FINLEY, J. pro tem. *

The notice of appeal herein states that defendant “appeals from the judgment of conviction or other final order rendered against him in the above entitled matter on May 17, 1966.”

Defendant pled guilty to assault with a deadly weapon (Pen. Code, § 245, subd. (a)), admitted three prior felony convictions, and applied for probation. After some discussion with counsel concerning the constitutionality of paragraph 5 of Penal Code, section 1203, the court denied probation.

Defendant bases his appeal on the ground that paragraph 5 of Penal Code, section 1203, insofar as it…