When a court suspends imposition of sentence and places a defendant on probation but later revokes probation, but later imposes sentence, what is the difference?

California, United States of America


The following excerpt is from People v. Reyes, D064807 (Cal. App. 2014):

When a court initially suspends imposition of sentence and places a defendant on probation, but later revokes probation and imposes sentence, "two separate and distinct decisions are involved in its sentencing choice: (1) [t]o revoke probation; and (2) to sentence to state prison rather than place the defendant on probation on new or modified conditions." (People v. Cotton (1991) 230 Cal.App.3d 1072, 1080-1081.) "Once a probation violation occurs, the trial court has broad discretion in deciding whether to continue or revoke probation. [Citation.] However, due process principles require the trial court to articulate sufficient reasons supporting its revocation of probation." (People v. Jones (1990) 224 Cal.App.3d 1309, 1315.)

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