In Re Marquez

The above-named defendant, Frank Marquez, was charged, by information containing four counts, with the crime of rape, a felony. He entered a plea of guilty to count one and applied for probation, whereupon the court ordered that proceedings as to that count be suspended and that defendant be granted probation for a period of twenty years, under condition that “the first four years of said probationary period, defendant shall serve at the county road camp. ...”

After serving one year in the county road camp, defendant sued out a writ of habeas corpus upon the ground that “any period in excess…