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Legal Opinion

In Re Renfrow

California Court of Appeal

Decided July 16, 2008No. C055564PublishedCited by 10 opinions

1Opinion of the Court

Opinion

SCOTLAND, P. J.

When a trial court revokes and declines to reinstate probation after having imposed sentence but suspended its execution during the period of probation, the court “must order that exact sentence into effect” (People v. Howard (1997) 16 Cal.4th 1081, 1088 [68 Cal.Rptr.2d 870, 946 P.2d 828]; see Pen. Code, § 1203.2, subd. (c)). However, as we will explain, if the sentence was an unauthorized sentence, the trial court can order execution of the correct sentence whether it is more or less than the sentence previously imposed.

PROCEDURAL FACTS

Defendant Leathan Renfrow entered…

2Cases cited14 opinions

  1. People v. WendeCalifornia Supreme Court · 1979
  2. People v. CunninghamCalifornia Supreme Court · 2001
  3. People v. FosselmanCalifornia Supreme Court · 1983
  4. Santisas v. GoodinCalifornia Court of Appeal · 1998
  5. People v. OrinCalifornia Supreme Court · 1975

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. GarciaCalifornia Court of Appeal · 2008
  2. People v. CatesCalifornia Court of Appeal · 2009
  3. People v. MartinezCalifornia Court of Appeal · 2015
  4. People v. ThomasCalifornia Court of Appeal · 2013
  5. People v. AchaneCalifornia Court of Appeal · 2023

5 more not listed; retrieve them via the Exa API.

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