Does a conditional probation sentence requiring service to a county jail constitute imposition of sentence to the county jail?

California, United States of America


The following excerpt is from People v. Ashford, H042160 (Cal. App. 2017):

Defendant is mistaken. The trial court expressly suspended imposition of sentence as to each count, including count 5, and granted probation on the condition that defendant spend eight months in jail. Thus, the jail term here was imposed as a condition of probation, not a separate sentence. (People v. Banks (1959) 53 Cal.2d 370, 385, fn. 8 ["requiring service of some time in a county jail as a condition of probation does not constitute imposition of sentence to a county jail"], superseded by statute on another point as stated in People v. Park (2013) 56 Cal.4th 782, 792-793.)

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