In Re Dearo
District Court of Appeal of California
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On March 13, 1949, Albert Dearo was convicted in the City Court of the City of San Fernando of violating a city ordinance declaring it a misdemeanor to be drunk in a public place. He was sentenced to the county jail for 180 days. Sentence was suspended and he was placed upon probation for a period of two years upon specified conditions. On October 25, 1949, the city court revoked his probation and he was committed to the county jail to serve the sentence previously pronounced. By this petition in habeas corpus, Dearo seeks to obtain his release upon the ground that the order revoking probation was void and in violation of the Constitution of the United States and the Constitution of the State of California because petitioner was not present in court or represented by counsel and was given no opportunity to be heard in respect to revocation. It is also alleged that petitioner did not in any way violate any of the terms and conditions of probation.