Murray

Appellant Matthew Murray was sentenced to six years in prison following the revocation of his probation. He now contends that, pursuant to Penal Code section 1203.2a, the Fresno County Superior Court lacked jurisdiction to impose the previously suspended prison term. Respondent concedes the want of jurisdiction, albeit under a somewhat different analysis. As we shall explain, we conclude the superior court lacked jurisdiction to order execution of sentence following appellant’s violation of the terms of his probation. We publish to clarify that, regardless of whether the superior court lacks any further jurisdiction in the case (a claim the parties have not addressed and which, accordingly, we do not reach), the error has the effect of reinstating the original sentence (grant of probation with execution of sentence suspended), because the execution of sentence is void.

PROCEDURAL HISTORY

On December 31, 2003, an information was filed in Fresno County Superior Court, charging appellant with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 1) and driving with a suspended or revoked license (Veh. Code, § 14601.1, subd. (a); count 2, a…