noting that court has full sentencing discretion upon revocation of probation in such circumstances
How later courts described this case
- noting that court has full sentencing discretion upon revocation of probation in such circumstances
Written by the judges who cited it.
The opinion
MOSK, J., Concurring.
The majority opinion accurately interprets existing statutes on the subject of sentencing and resentencing. Thus I fully concur.
However, I do have reservations on the strict limitation imposed on trial courts in the sentencing area. Sentences are imposed at the conclusion of trial proceedings or acceptance of a guilty plea. It is not inconceivable that the trial court, upon later reflection and in what it may subsequently deem to be the interests of justice, prefers a somewhat different sentence.
My confidence in the sentencing ability of trial courts suggests that their discretion should not be rigidly impaired by what appears to be a rather technical statutory limitation based entirely on the original sentence pronounced.
I mention this only to indicate a hope that the Legislature may consider expanding the statutory sentencing function of trial courts in this area.