Does a court have jurisdiction to sentence a defendant to state prison and suspend the execution of the sentence during probation?

California, United States of America

The following excerpt is from People v. Cisneros, 179 Cal.App.3d 117, 224 Cal.Rptr. 452 (Cal. App. 1986):

3 We note that it is immaterial whether the court (1) sentences a defendant to state prison and suspends the execution of the sentence during probation (as here); or (2) suspends the imposition of sentence subject to being placed on probation. In either procedure the defendant remains in the actual or constructive custody of the court and is therefore within the jurisdiction of the court. (See People v. Banks, supra, 53 Cal.2d at p. 384, 1 Cal.Rptr. 669, 348 P.2d 102.)

** Part II-B of this opinion is not certified for publication. (See footnote *, ante.)

** * Part II-C of this opinion is not certified for publication. (See footnote *, ante.)

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