In re Medina

Nature of Proceeding:

In a petition for writ of habeas corpus defendant challenges the power of the superior court to impose additional conditions of probation based on defendant’s committing another crime while the original judgment which granted him probation was on appeal. We deny the petition.

Procedural Facts:

Upon conviction of a crime, defendant was placed on probation for four years (terminating in 1985). One of the conditions of probation was that defendant serve five months in county jail. He appealed the judgment. He was released on bail pending appeal. 1 While free on bail and pending appeal defendant was convicted of the crime commonly described as “drunk driving.” Eventually the judgment on the first conviction was affirmed and remittitur filed. Defen *564 dant then returned to superior court and was remanded to jail to serve the time originally imposed as a condition of probation. Before defendant completed serving the five-month jail term on the original offense, the superior court was informed of the drunk-driving conviction and a probation violation hearing was held. 2 Defendant admitted the drunk driving conviction but argued, as he does here, that…