 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Angus12/30/1980
years before the hearing and impose four years afterward. The trial judge tendered an explanation for the difference and denied any intent to punish appellant for exercising his constitutional right. (People v. Vickers, supra, 8 Cal. 3d 451, 458.)
Appellant contends that the information in the April 1978 probation report was available to the trial court throughout the pendency of the revocation proceedings and that the court must be deemed to have been aware of it. We approve and adopt the People's response: "Appellant provides no authority for this odd proposition. We see no impropriety in the court familiarizing itself with the post-probation violation reports before determining revocation of probation, and then considering the original probation report prior to imposing sentence on the original offense. Since appellant rejected the original dispositional offer, he was not deprived of any bargained-for consideration; any defendant who chooses to proceed with a hearing takes the chance that the court will become apprised of information warranting a stiffer sentence than that discussed in prehearing negotiations. Here, the probation report, filed April 24, 1978, was offered in evidence and read by the court after appellant rejected the offer. That report recommended a five-year prison term, and backed up the recommendation with details of appellant's violation of Penal Code section 245, subdivision (a) -- stabbing an innocent victim in the back with a knife -- plus appellant's long and violent criminal involvement. We see no impropriety in the court's revocation of probation on the basis of appellant's conduct while on probation, and imposition of punishment on the original offense on the basis of information relating appellant's conduct during and prior to the original offense. The record does not support the contention that appellant was
given a four-year sentence for the purpose of punishing him for exercising his right to a revocation hearing."
We conclude that a violation of Lewallen has not been shown.
The judgment imposing sentence is affirmed.
Disposition
The judgment imposing sentence is affirmed.
Page 1 2 3 4 5 6 7 8 9 10 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|