People v. Angus

Opinion

COLVIN, J.

Paul Ray Angus appeals from a judgment sentencing him to state prison following revocation of his preexisting probation. He contends (1) that the revocation and sentence constituted an abuse of the court’s discretion and (2) that the sentence imposed improperly penalized him for demanding a revocation hearing.

Appellant was convicted, upon his guilty plea, of assault with a deadly weapon (Pen. Code, § 245, subd. (a)). On May 25, 1978, imposition of sentence was suspended and he was admitted to formal probation for five years upon several specified conditions. On May 22, 1979,…