California Court of Appeal

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People v. Camp, D064737

In this case, defendant entered into a plea agreement with the People and the trial court imposed a stipulated split sentence of 28 months, with 14 months to be served in local custody and 14 months under mandatory supervision. Defendant was ineligible for mandatory supervision, however, due to the fact that he was subject to an immigration hold and would be deported upon his release from custody. At a hearing to consider the issue, the trial court ordered that the mandatory supervision portion of defendant's sentence be terminated and that he be released to an immigration enforcement agent. The trial court's order is affirmed, where: 1) the trial court did not act in excess of its jurisdiction in terminating defendant's mandatory supervision and in modifying his sentence; and 2) California Rules of Court section 1203.3 does not contain an implicit limitation on the trial court's sentencing authority when terminating mandatory supervision.

Appellate Information

  • Decided 01/21/2015
  • Published 01/21/2015

Judges

  • Aaron

Court

  • California Court of Appeal

Counsel