What is the effect of section 1168 of the California Criminal Code on a petition for probation?

California, United States of America


The following excerpt is from Holder v. Superior Court, 1 Cal.3d 779, 463 P.2d 705, 83 Cal.Rptr. 353 (Cal. 1970):

In 1968 he filed the petition for probation. Respondent initially declined to take jurisdiction on the ground that the provision relied upon in section 1168 should not be retroactively applied to the present case, in which the conviction preceded the enactment of the provision. Holder then sought mandamus, and it was held that the provision applied to him and respondent was ordered to hear the petition on its merits. (Holder v. Superior Court, 269 A.C.A. 375, 74 Cal.Rptr. 853.)

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