People v. Eberhardt

Opinion

SONENSHINE, J.

On February 28, 1985, we filed our earlier opinion in this matter. The California Supreme Court granted a petition for hearing on May 2, 1985, and on June 26, 1986, retransferred the matter to us for reconsideration in light of People v. Fritz (1985) 40 Cal.3d 227 [219 Cal.Rptr. 460, 707 P.2d 833],1

The People ask tis to consider whether a trial court may suspend imposition *1115of sentence on prior felony enhancements. (Pen. Code, §§ 667, 667.5.)2 In addition they complain probation reports were not obtained before the defendants were sentenced.

Defendants Joe Garland…