Legal Question in Criminal Law in California

Re: Double jepardy 1203.2a

A defendant on probation who is commited to state prison for another offense may, through counsel or by himself/herself in writing (and signed in the presence of an authorized prison official), request that sentence be imposed on the probation case in his or her absence. If done timely (within 30 days), the court must either sentence the prisoner or make a final judgment terminating the case. If after receiving notice, the probation officer fails to timely notify the court, that court loses jurisdiction. There is a California Supreme Court case directly on point: In re Hoddinon (1996) 12 Cal.4th 992.

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Good luck,

Jacqueline Goodman Rubio

Attorney at Law