PEOPLE v. RAMIREZ
Where defendant was given a suspended sentence and placed on probation, and entered into plea agreement for subsequent probation violation that allowed him to remain on probation, trial court lacked authority to increase defendant's unexecuted sentence from four to five years pursuant to terms of plea agreement. Where defendant subsequently admitted to another probation violation, trial court's execution of modified sentence was error but was an act in excess of jurisdiction--rather than without jurisdiction--because court retained jurisdiction over defendant during probationary period. Defendant was not entitled to relief from imposition of modified sentence on grounds that trial court exceeded its jurisdiction where defendant failed to timely appeal modification order, and where defendant's consent in plea agreement estopped him from challenging modification.
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