Does a defendant have to serve the sentence prescribed by law even if they have served their probation term in jail?

California, United States of America


The following excerpt is from People v. Almodovar, 190 Cal.App.3d 732, 235 Cal.Rptr. 616 (Cal. App. 1987):

In People v. Enriquez, supra, 173 Cal.App.3d 990, 219 Cal.Rptr. 325, the trial court erroneously granted defendant probation on the condition she serve nine months in county jail. On appeal, she argued it would be unjust to require her to serve a prison sentence, inasmuch as she had completed her nine-month jail term. The court disagreed, "deem[ing] it neither unfair nor unjust on the record before [it] that defendant ... should serve the term prescribed by law even after having suffered confinement as a condition of erroneously granted probation. Defendant argued for probation in the face of a clear statute providing otherwise. Her momentary victory should not have been viewed by her as clear cut or impregnable. 'When a defendant's own actions or actions in which [s]he has acquiesced have caused the delay between the commission of the crime and the entering of prison, [s]he ordinarily will not be heard to contend that the delay constitutes cruel and unusual punishment.' (United States v. Albanese (2d Cir.1977) 554 F.2d 543, 549.)" (173 Cal.App.3d at p. 999, 219 Cal.Rptr. 325.)

Other Questions


What is the legal test for a probation sentence where a defendant has been found guilty of a sexual assault and sentenced to probation? (California, United States of America)
Can a defendant who served a prior prison sentence for non-sexually violent crimes receive additional enhancements to his sentence under section 12022.6 of the California Criminal Code when his sentence is not yet final? (California, United States of America)
Can a defendant who was granted drug diversion probation under the deferred entry of judgment statute be sentenced to jail if he violates the conditions of probation? (California, United States of America)
Can a defendant who pleaded guilty to a charge of assault and possession of a dangerous substance while still serving time served serve time served under a plea bargain? (California, United States of America)
When a court suspends imposition of sentence and places a defendant on probation but later revokes probation, but later imposes sentence, what is the difference? (California, United States of America)
What is the effect of section 669 of the Criminal Code Code requiring a sentence be imposed on an offense for which defendant was originally granted probation so that there is the possibility of serving the sentence concurrently? (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)
Does a conditional probation sentence requiring service to a county jail constitute imposition of sentence to the county jail? (California, United States of America)
Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
Can a defendant who has served determinate prison sentences receive good behavior/participation credits to shorten their sentence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.