What is the disposition of an assault case where appellant is on probation for a crime committed while on probation?

California, United States of America


The following excerpt is from People v. Sims, A157914 (Cal. App. 2020):

The parties differ as to what our disposition should be. Appellant asks us to simply strike the one-year prior. The People suggest we remand the case for a full resentencing so the trial court can exercise its sentencing discretion in light of the changed circumstances. (See People v. Navarro (2007) 40 Cal.4th 668, 681.) They note that appellant committed the current offenses while on probation for a 2016 first degree burglary conviction in another county (the Strike in this case), and that the record does not reflect whether probation has been revoked and appellant has been sentenced in that case. (See 1203.2a.) The People suggest the court might need to "account for additional terms imposed in that case."

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