Does appellant's failure to seek modification of his probation sentence prior to his probation violation have any bearing on subsequent efforts by appellant to modify his sentence?
California, United States of America
The following excerpt is from People v. O'Brien, F070347 (Cal. App. 2016):
3. Given the required procedures, we do not consider whether appellant's failure to seek modification of his sentence prior to his probation violation has any bearing on subsequent efforts by appellant to modify his probation violation sentence should modification be granted. (See People v. Park (2013) 56 Cal.4th 782, 802.)
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