In In re Huddleston (1969) 71 Cal.2d 1031, a defendant was absolutely ineligible for probation because of two prior felony convictions. After he was sentenced, he petitioned for a writ of habeas corpus on the ground that one of the priors was constitutionally invalid. The court which heard the petition so found, thus determining that appellant was eligible for probation, but refused to remand the case to the trial court for resentencing on the ground that the record of that court showed that the judge had not denied probation because of the prior convictions but had considered the application for probation on its merits and denied it for other reasons. The Supreme Court held that "The defendant is entitled to a completely new and unbiased evaluation of his application for probation based upon all the facts of the case, including the fact of a single prior felony conviction. para. He is entitled to a hearing in which the court can exercise its judgment upon the basis of a sound presentation of his legal status." ( Id., at p. 1037.)