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California Court of Appeal


People v. Scarbrough, C075414

Sentence for probation violation and felony child endangerment is affirmed where although there is no arguable error that would result in a disposition more favorable to defendant, this decision is published to address an issue that is likely to recur and otherwise evade review involving the interplay of Proposition 47 which added section 1170.18 to the Penal Code. Here, the trial court lacked jurisdiction to resentence defendant and therefore its order ostensibly recalling defendant's sentence and resentencing her is void.

Appellate Information

  • Decided 09/29/2015
  • Published 09/29/2015

Judges

  • BUTZ

Court

  • California Court of Appeal

Counsel

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