Does the mere pronouncement of sentence or denial of probation before judgment has not preclude the granting of probation after judgment has been pronounced or affirmed on appeal?

California, United States of America


The following excerpt is from Oster v. Municipal Court of Los Angeles Judicial Dist., Los Angeles County, 287 P.2d 755, 45 Cal.2d 134 (Cal. 1955):

The mere pronouncement of sentence, or the denial of [45 Cal.2d 140] an application for probation before the imposition of judgment, does not preclude the granting of probation after judgment is pronounced or has been affirmed on appeal. (People v. Sidwell (1945), supra, 27 Cal.2d 121, 130, 162 P.2d 913.) Probation may be granted at any time before execution of the sentence is began (In re Bost (1931), 214 Cal. 150, 4 P.2d 534.) In this connection it is to be noted that the order of December 10 could not constitute an original grant of probation because defendant had already served 60 days of the 180 days sentence when such order was made.

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