Supervision revocation: Difference between revisions

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(Created page with "The only reasonable construction of these rules and provisions is that a disposition is involved upon revocation of a probationary term where imposition of sentence had initia...")
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Revision as of 00:51, 19 June 2021

The only reasonable construction of these rules and provisions is that a disposition is involved upon revocation of a probationary term where imposition of sentence had initially been suspended. At such a stage, the sentencing court must pronounce judgment and sentence and if it chooses to impose a state prison sentence rather than probation it must give a statement of reasons in support of that sentence choice. (Accord People v. Jones, supra, 224 Cal.App.3d 1309, 1312–1315, 274 Cal.Rptr. 527.) Slaughter was incorrect in its dictum to the contrary, and we decline to follow it.6

People v. Hawthorne (1991) 226 Cal.App.3d 789, 794