Griffith

If a court suspends the imposition of sentence and admits a defendant to probation and the defendant subsequently comes before the court on a revocation of probation, may the court when selecting the prison term consider a crime which was committed after the instant offense but which was unknown to the sentencing court at the time the defendant was admitted to probation?

I. Facts

Defendant pleaded guilty to a violation of Penal Code section 211. He was placed on probation on April 19, 1982. Unbeknownst to the authorities, three days prior to the sentencing hearing defendant had committed the crime of burglary. When this was discovered, probation was revoked, based upon the fact that the defendant practiced a deception on the court when he allowed his attorney to state at the sentencing hearing “I have noticed a complete change in his personality over the last month. Mr. Griffith has finally gotten back together.” In the report of the probation officer, filed prior to the April 16 burglary, the probation officer stated “He expressed his remorse for committing the offense and strongly urged the Court to consider granting him probation so that he might pay restitution to…