Blanchard

People v. Blanchard

Good Law
1996 Cal. App. LEXIS 179·42 Cal. App. 4th 1842·50 Cal. Rptr. 2d 614·96 Daily Journal DAR 2547·96 Cal. Daily Op. Serv. 1571
Court of Appeal of CaliforniaMarch 5, 1996Docket Nos. D022708, D024305California2,303 words

Opinion

Opinion

Kremer, J.

Defendant Hezekiah Albert Blanchard appeals from a final judgment following a guilty plea and petitions for a writ of habeas corpus. We have consolidated these proceedings, as they both raise the same issues.

Blanchard contends the court lost jurisdiction in this case because his probation officer failed to report his incarceration for a subsequent offense as required by Penal Code section 1203.2a and, therefore, his sentence is void. Blanchard additionally contends he was denied his constitutional right to a speedy trial by an inordinate delay in sentencing. We affirm the judgment and deny the petition.

Factual and Procedural Background

In July 1992 Blanchard pled guilty to one count of automobile theft in violation of Vehicle Code section 10851, subdivision (a) and one count of driving under the influence of alcohol and a drug in violation of Vehicle Code section 23152, subdivision (a) with three prior convictions of that offense within the prior seven years (Veh. Code, § 23175). Imposition of sentence was suspended and Blanchard was placed on formal probation for three years with commitment to the custody of the sheriff for three hundred sixty-five days.

In…

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