Posted On: August 4, 2009
COURT MAY ONLY RELY ON PAST ACTS IN SENTENCING
When a court violates a defendant's probation and sends him to prison, the court can only rely on stuff that happened before the initial sentencing, not stuff that happened later. This is codified in Rule 4.435(b)(1). This Court of Appeal applies an exception to that rule.
The defendant's probation was violated then reinstated. His probation was violated a second time. The Court of Appeal holds that the judge may rely on the defendant's conduct between the initial sentencing and the first probation violation.
People v. Black; 2009 DJ DAR 11300; DJ, 8/4/09; C/A 4th
