Can a defendant appeal from an order reinstating probation after the second violation?
California, United States of America
The following excerpt is from The People v. Njirich, C062450, No. F4160 (Cal. App. 2010):
However, defendant could have appealed from the order reinstating probation after the second violation. (Pen. Code, 1237, subd. (a); see In re Bine (1957) 47 Cal.2d 814, 817 [order reinstating probation with new conditions is appealable]; People v. Robinson (1954) 43 Cal.2d 143, 145-146 ["the revocation of probation and the pronouncement of judgment were practically one act"].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Can a defendant appeal from a finding that he was released from custody after serving his probation sentence for a second probation violation? (California, United States of America)
What are the consequences of a court's decision to reinstate probation after a defendant has violated probation and been ordered to pay a restitution fine and court fees? (California, United States of America)
Can a probation officer order a restitution order for a defendant who has not objected to the restitution order? (California, United States of America)
In a motion to revoke and reinstate probation and remand the matter for further proceedings, what is the difference between a violation of probation and a breach of the probation conditions? (California, United States of America)
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
Can a notice of appeal of a judgment of dismissal following an earlier order regarding a different defendant be construed as a "notice of appeal" regarding "a different defendant"? (California, United States of America)
Does a probation order requiring a defendant to pay fines on or before the end of probation violate his right to due process and equal protection? (California, United States of America)
When will a court strike down a probation order requiring a defendant to search their electronic devices in order to be placed on probation? (California, United States of America)
Is a defendant barred from challenging the validity of a probation condition in an appeal from the order granting probation? (California, United States of America)
