# People v. Robinson

> California Supreme Court · June 25, 1954 · 43 Cal. 2d 143

URL: https://www.frixlaw.com/law-library/cases/9625160

## Case

- **Full name:** The PEOPLE, Respondent, v. WILLIAM C. ROBINSON, Appellant
- **Court:** California Supreme Court
- **Decided:** June 25, 1954
- **Citations:** 43 Cal. 2d 143; 271 P.2d 872; 1954 Cal. LEXIS 235
- **Precedential status:** Published
- **Opinion:** Dissent by Carter
- **Judges:** Spence, Carter
- **Cited by:** 88 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9625160

## Opinion text

CARTER, J.
I dissent.
Assuming that defendant has a valid appeal from the order revoking probation, I would reverse the order as I do not *147 believe a valid order revoking probation can be predicated upon a judgment of conviction which has not become final. If such a procedure is permitted, a defendant who has been admitted to probation could have his probation revoked upon the entry of a judgment against him in another criminal proceeding even though the latter judgment might be void and subject to collateral attack. It may be true that the court could have based its order revoking probation upon the evidence produced at the trial in which the judgment of conviction was obtained, but that is quite a different matter than basing the order revoking probation upon the judgment of conviction which has not become final. For the foregoing reason I would reverse the order revoking probation and the judgment which was pronounced against defendant following the entry of the order revoking probation.
Schauer, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9625160. Public record. Not legal advice.