Supreme Court of California

Court of Appeals order voiding the challenged probation revocation and sentencing proceeding and vacating the sentence imposed at that proceeding is affirmed where: 1) defendant had a choice to request speedy sentencing rights based on his probation violation under either section 1203.2a or section 1381 of the Penal Code; and 2) when a trial court fails to comply with the 90-day time requirement of section 1381, it must dismiss the pending probation revocation proceeding.

Appellate Information

• Decided 03/09/2009
• Published 03/09/2009

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• John Doyle, San Francisco, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorney General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Michael P. Farrell, Assistant Attorney General, Charles A. French, Angelo S. Edralin, Brian G. Smiley and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.