State v. Wright

(concurring specially) .

I concur only in the result.

I. The scope of the majority opinion. The only proposition urged by defendant is that trial court exhausted its sentencing jurisdiction by entry of its February 6, 1969, order of probation so that he could not be “resentenced” October 7, 1970. Strangely, although claiming the probation order entered after his plea of guilty was a sentence precluding later sentence, defendant asks a “new trial” as his remedy. The power of a court to defer sentence is involved only insofar as defendant challenges trial court’s authority to impose probation…