Does a defendant have a valid appeal against the Court's decision to suspend the execution of his sentence and grant probation?

California, United States of America


The following excerpt is from People v. Valdez, E055739 (Cal. App. 2015):

Defendant asserts the court imposed an unauthorized sentence by suspending the execution of his sentence without striking the prior convictions. Defendant calls the procedure, a "sentencing gimmick, resulting in [defendant] having a life sentence suspended for an indefinite period . . . in violation of law." Instead, defendant urges the court should have exercised its discretion to strike his prior convictions. Otherwise, he contends the court had no authority to suspend the execution of his sentence or grant probation. ( 667, subd. (c)(2); 1170.12, subd. (a)(2); People v. Superior Court (Roam) (1999) 69 Cal.App.4th 1220, 1223-1224, 1229-1231.)

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