In re Quinn

Opinion

POCHÉ, J.

This case presents the question of whether a resentence pursuant to Penal Code section 1170, subdivision (d) relates back to the date of the original sentence. We conclude that it does and annul an order revoking probation made after petitioner’s probationary period had expired.

On December 3, 1982, petitioner was sentenced to state prison for a term of two years and eight months following his plea of guilty to three counts of attempted arson. After a timely recall of sentence, petitioner was resentenced on April 26, 1983, pursuant to Penal Code section 1170, subdivision (d).…