Mulky v. United States

FERREN, Associate Judge:

This ease presents the question whether the trial court, when revoking probation, must require the defendant to serve the sentence originally imposed and suspended (before the grant of probation), or instead may impose a new, lesser sentence. See D.C.Code 1973, § 24-104. 1 We conclude that the trial court has discretion to impose any sentence that the court could have imposed upon conviction, provided that the new sentence is no more severe than the original sentence. Accordingly, after revoking appellant’s probation, the trial court did not err in imposing a sentence…