Legal Opinion

People v. Medina

California Court of Appeal

Decided May 22, 2001No. C036049PublishedCited by 10 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

HULL, J.

Following defendant’s plea of no contest to felony vandalism (Pen. Code, § 594, subd. (b)(2); further undesignated section references are to the Penal Code), the trial court imposed the upper term of three years in state prison but suspended execution of sentence and placed defendant on probation. Shortly thereafter, defendant admitted violating probation and the trial court imposed the previously suspended sentence. In doing so, the trial court believed it lacked discretion to reinstate defendant to probation.

Defendant appeals contending the trial court failed to recognize its…

2Cases cited7 opinions

  1. People v. OverstreetCalifornia Supreme Court · 1986
  2. People v. HowardCalifornia Supreme Court · 1997
  3. People v. JonesCalifornia Court of Appeal · 1990
  4. People v. PenningtonCalifornia Court of Appeal · 1989
  5. People v. LathamCalifornia Court of Appeal · 1988

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

3Cited by10 opinions

  1. People v. AmonsCalifornia Court of Appeal · 2005
  2. People v. BolianCalifornia Court of Appeal · 2014
  3. People v. StuckeyCalifornia Court of Appeal · 2009
  4. People v. AmonsCalifornia Court of Appeal · 2005
  5. P. v. Herrera CA6California Court of Appeal · 2013

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

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