People v. Roth

The trial court vacated defendant's misdemeanor sentence and reinstated his felony conviction and sentence. Then the trial court conducted a probation violation hearing, found that defendant had violated probation, and revoked probation and executed the felony sentence. The Court of Appeal reviewed the record of the probation violation hearing, and concluded that no arguable issues exist with regard to it. With respect to the reinstatement of the felony sentence, the court held that the misdemeanor sentence was unauthorized, and therefore the trial court properly vacated it and reinstated the felony sentence. In this case, by virtue of defense counsel's compliance with the Wende procedure and the court's review of the record, defendant received adequate and effective appellate review of the judgment entered against him. Accordingly, the court affirmed the judgment. View "People v. Roth" on Justia Law