What are the implications of the Court of Appeal's decision not to grant a suspended sentence to an appellant in his criminal case?

California, United States of America


The following excerpt is from The People v. Falls, B218638, No. A467606 (Cal. App. 2010):

With respect to appellant's argument that the state's lack of interest in effecting his incarceration in a timely manner has violated his constitutional right to due process and his Sixth Amendment right to speedy sentencing, we find these arguments also without merit. (See Pollard v. United States (1957) 352 U.S. 354, 361 [assuming arguendo that the sentence is part of the trial for purposes of the Sixth Amendment right to speedy trial and stating that the issue of whether delay in sentencing rises to an unconstitutional deprivation of rights depends on the circumstances].) Appellant did not receive a prison sentence, suspended or otherwise. Appellant received a grant of probation, and one of his conditions of probation was to serve 365 days in county jail.

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