California, United States of America
The following excerpt is from People v. Dean, F074034 (Cal. App. 2017):
When the trial court in a criminal case decides at the time of sentencing to grant the defendant probation, the court may either suspend imposition of the sentence or impose the sentence but suspend its execution. (See Pen. Code, 1203.1, subd. (a).) "[I]f the trial court has suspended imposition of sentence, it ultimately may select any available sentencing option." (People v. Howard (1997) 16 Cal.4th 1081, 1084, italics omitted; see Pen. Code, 1203.4, subd. (c).) However, the imposition of a sentence following a decision to revoke and terminate a defendant's probation must base the length of that sentence on the facts as they existed at the original sentencing. (Cal. Rules of Court, rule 4.435(b)(l).) "'[A] later sentence upon revocation of the reinstated probation may take into account events occurring between the original grant and the reinstatement.'" (People v. Black (2009) 176 Cal.App.4th 145, 151, quoting People v. Harris (1990) 226 Cal.App.3d 141, 147.)
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