What if the trial court imposed a sentence but suspended the execution of the sentence before granting probation?
California, United States of America
The following excerpt is from People v. Villegas, 14 Cal.App.3d 700, 92 Cal.Rptr. 663 (Cal. App. 1971):
2 There is no question that the People would have an appeal had the trial court imposed sentence, but suspended the execution thereof before granting probation. The order granting probation would then be 'an order made after judgment, affecting the substantial rights of the people.' (Pen.Code 1238, subd. 5; People v. Superior Court, 118 Cal.App.2d 700, 703, 258 P.2d 1087.)
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