People v. Latham

Opinion

RACANELLI, P. J.

In this case, we attempt to clarify the obligation of the trial court upon revocation of probation to state reasons for declining to reinstate probation. We will conclude that when sentence has previously been imposed in the form of pronouncement of judgment and execution thereof suspended during a period of probation, no reasons are required upon revocation of such probation for the decision ordering the previously suspended sentence into execution.

[29]

Facts

The underlying facts are undisputed:

In 1984, defendant pled guilty to possession of LSD; imposition of sentence was suspended, and defendant was placed on probation for three years. In February 1986, the People petitioned to revoke probation on the ground that defendant had committed a new offense. Defendant stipulated to the probation violation, and his probation was revoked but reinstated with modifications.

In October 1986, the People again petitioned to revoke probation on a similar ground. Defendant again stipulated to the probation violation, and probation was once again revoked. However, this time judgment was pronounced sentencing defendant to state prison for a term of three years but with execution of judgment suspended and defendant placed back on probation until January 4, 1988.

Finally, in September 1987, the People filed another petition to revoke probation on the ground that defendant had failed to report to his probation officer. After a hearing, the court determined that defendant had violated the conditions of his probation and ordered probation revoked. The court at the same time vacated the order of suspension of execution of the three-year prison sentence. Defendant appeals claiming error in the failure of the trial court to give a statement of reasons supporting the decision not to reinstate probation.

Discussion

Preliminarily, we recognize that principles of due process apply to probation revocation proceedings requiring the trial court to provide sufficient reasons for its order