People v. Smith

Defendant was charged with a violation of section 476a of the Penal Code in that he issued a $50 check without sufficient funds. The information does not allege that defendant had previously been convicted of any offense. At the commencement of the trial defendant withdrew his prior plea of not guilty and pleaded guilty as charged. The court accepted this plea and ordered a probation report. Although the probation report is not a part of the record on appeal, the remarks of the trial judge indicate that it disclosed that defendant had been convicted before of violat ing section 476a. The…