Does section 1203.4a of the California Criminal Code apply to a defendant who has been placed on probation?

California, United States of America


The following excerpt is from People v. Chandlee, 153 Cal.Rptr. 188, 90 Cal.App.3d Supp. 13 (Cal. Super. 1979):

Section 1203.4, however, applies only to a defendant who has been placed on probation. It is not limited to those convicted of misdemeanors only, but also applies to probationers who are convicted of felonies. Section 1203.4a applies only to a defendant who is convicted of a misdemeanor, and who is Not granted probation. In this situation it is anomalous, to say the least (People v. Bradley (1967) 248 Cal.App.2d 887, 890, 57 Cal.Rptr. 82) that the People assert that section 1203.4a is to be applied more rigorously than section 1203.4.

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