What is the effect of rule 435(b)(1) of the Probation Guidelines on probation revocation?

Leroy's reliance on People v. White, 133 Cal.App.3d 677, 184 Cal.Rptr. 134, is misplaced. White did not address the issue whether rule 435(b)(1) precludes imposing a sentence on probation revocation consecutively to a sentence imposed for an independent crime which itself constitutes the probation violation. In White, a defendant was granted probation for two separate offenses. Probation on each was revoked following a third conviction. Sentences on each of the first two convictions were ordered to run consecutively. Unlike here, there is no inference in White they also ran consecutive to the third conviction which caused the revocation, or that the [155 Cal.App.3d 606] circumstances of the third crime were considered in determining to impose the sentences consecutively. However, in the absence of a rule prohibiting the court from considering the facts of the offense which, in part, triggered revocation, we believe it is a proper factor for the trial court to weigh in determining whether to sentence consecutively or concurrently. There is little practical difference in following this procedure when sentencing on the revoked probation and in sentencing the later conviction consecutively to the earlier, reaching the same result.

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The Plea Bargain Must Be Specifically Enforced