California, United States of America
The following excerpt is from People v. Valeur, E060500 (Cal. App. 2015):
People v. Colley (1980) 113 Cal.App.3d 870, on which defendant relies, is distinguishable. There, the defendant had pleaded guilty to first degree burglary, and was admitted to probation. The defendant violated his probation and was sentenced to state prison for the middle term. (Id. at p. 871.) Later, the defendant's sentence was recalled pursuant to Penal Code section 1170, subdivision (d), and the defendant was again granted probation. (Id. at pp. 871-872.) Then, the defendant was convicted of a new
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