California Court of Appeal

Order revoking defendant's probation for associating with known gang members, vacating the suspension of a previously imposed sentence and committing him to prison for five years is affirmed, where: 1) the trial court had sufficient reason to believe that defendant knowingly associated with a gang member; and 2) the trial court did not err in sentencing defendant to state prison because a defendant is sentenced on the date that sentence is first announced and imposed even if execution of the sentence does not happen until a later date, and for defendant, the earlier date was prior to the enactment of the Realignment Act.

Appellate Information

• Decided 02/28/2013
• Published 02/28/2013

Judges

• ASHMANN-GERST

Court

• California Court of Appeal

Counsel