Jones

People v. Jones

Good Law
1990 Cal. App. LEXIS 1134·224 Cal. App. 3d 1309·274 Cal. Rptr. 527
Court of Appeal of CaliforniaOctober 30, 1990H006621California2,478 words

Opinion

Opinion

Capaccioli, J.

Holding

Where a court initially suspends the imposition of sentence and grants probation, the court thereafter upon revoking probation and imposing a sentence must state reasons for any sentencing choices it makes.

Statement of the Case

Defendant Beverly J. Jones appeals from an order committing her to prison. (Cal. Rules of Court, rule 31(d).) She claims the trial court failed to state reasons for choosing imprisonment over probation. We disagree and affirm the order.

Facts and Procedural History

On September 22, 1988, defendant was convicted of passing worthless checks. (Pen. Code, § 476a. ) The court suspended the imposition of sentence, found her suitable for probation, and placed her on probation, with various conditions, for five years.

In early January 1989, defendant was arrested for petty theft. (§§ 484, 486, 488.) On February 8, 1989, she admitted committing this crime. On March 7, 1989, at the probation revocation hearing, the court continued defendant on probation but added additional conditions.

On October 25, 1989, defendant’s probation officer filed a petition to revoke probation, alleging violation of three terms of probation. (§ 1203.3.) A hearing…

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