Legal Opinion

People v. Johnson

California Court of Appeal

Decided June 27, 1978No. Crim. 9585PublishedCited by 42 opinions

1Opinion of the Court

Opinion

GARDNER, P. J.

In this case we hold that a defendant who has served one year in jail as a condition of probation and who thereafter violates probation may be sentenced to an additional period of up to one year in jail if he knowingly and intelligently waives the provisions of Penal Code section 2900.5.

Facts

Convicted of receiving stolen property, defendant was placed on probation on condition that he serve one year in jail. He served that term. He was then violated for having committed grand theft. Through his attorney, he suggested that additional jail time be considered. The court…

2Cases cited3 opinions

  1. Sibron v. New YorkSupreme Court of the United States · 1968
  2. In Re ChamberlainCalifornia Court of Appeal · 1978
  3. People v. MeyersCalifornia Court of Appeal · 1978

3Cited by42 opinions

  1. United States v. Gomez-LeonCourt of Appeals for the Ninth Circuit · 2008
  2. People v. JohnsonCalifornia Supreme Court · 2002
  3. People v. EastmanCalifornia Court of Appeal · 1993
  4. People v. ArnoldCalifornia Supreme Court · 2004
  5. People v. AmbroseCalifornia Court of Appeal · 1992

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