Latham

People v. Latham

Good Law
1988 Cal. App. LEXIS 1114·206 Cal. App. 3d 27·253 Cal. Rptr. 379
Court of Appeal of CaliforniaNovember 23, 1988A040356California1,132 words

Opinion

Opinion

Racanelli, J.

In this case, we attempt to clarify the obligation of the trial court upon revocation of probation to state reasons for declining to reinstate probation. We will conclude that when sentence has previously been imposed in the form of pronouncement of judgment and execution thereof suspended during a period of probation, no reasons are required upon revocation of such probation for the decision ordering the previously suspended sentence into execution.

Facts

The underlying facts are undisputed:

In 1984, defendant pled guilty to possession of LSD; imposition of sentence was suspended, and defendant was placed on probation for three years. In February 1986, the People petitioned to revoke probation on the ground that defendant had committed a new offense. Defendant stipulated to the probation violation, and his probation was revoked but reinstated with modifications.

In October 1986, the People again petitioned to revoke probation on a similar ground. Defendant again stipulated to the probation violation, and probation was once again revoked. However, this time judgment was pronounced sentencing defendant to state prison for a term of three years but with execution of…

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