Does a sentence to state prison need to be accompanied by a statement of reasons?

California, United States of America


The following excerpt is from People v. Evans, B299953 (Cal. App. 2021):

Where a court originally suspended the imposition of sentence and placed a defendant on probation, a subsequent sentence to state prison upon revocation of probation is a sentencing choice requiring a statement of reasons. (Cal. Rules of Court, rule 4.406(b)(2).) "[T]he record must clearly reflect the trial court understands that two separate and distinct decisions are involved: (1) to revoke [probation]; and (2) to sentence to state prison rather than to place on probation on new or modified conditions." (People v. Hawthorne (1991) 226 Cal.App.3d 789, 795 (Hawthorne).)

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