Legal Question in Criminal Law in California

what is the diference between an Imposition of Sentence and an Execution of Sentence? Is it normal for a minute order to read "Execution of Sentence" with a prison term of 2 years (yet only required to serve 180 days in county jail) and then from the same court appearance (plea bargaining agreement) be given a probation order that is marked "Imposition of Sentence"?

In case it makes a difference, I am referring to a case in Stanislaus County in california.

thank you...


Asked on 8/09/10, 11:51 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Imposing the sentence means the judge said, "I am sentencing you to prison for two years." Execution of the sentence means you actually get sent there.

There are two ways to put someone on felony probation: suspending imposition of sentence, and imposing sentence but suspending the execution.

Suspending imposition of sentence is the most common way to put someone on probation. The length of the sentence is only decided if you violate probation.

Judges usually impose sentence, but suspend execution, if they want to send a clear message to the defendant that he or she is probably headed to prison for a first violation.

Some felonies, commonly known as "wobblers," can be reduced to a misdemeanor after probation is completed; if sentence is imposed, the conviction stays a felony forever and cannot be reduced to a misdemeanor.

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Answered on 8/14/10, 3:41 pm


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