People v. Lewis

HAHN, J., pro tem.

Defendant, after entering a plea of guilty to a charge of robbery and having the degree fixed by the court as robbery in the first degree, was permitted to file an application for probation. Upon the hearing of his petition, the court denied his application on the ground that under the provisions of section 1203 of the Penal Code, the court had no jurisdiction to grant him probation. Upon his appeal from the judgment, the only question raised is as to the correctness of the court’s ruling, that it was without jurisdiction to grant defendant probation.

According to defendant’s…