P. v. Bennett CA2/1
In June 2019, the trial court imposed a six-year sentence, suspended execution of the sentence, and ordered defendant Marie Bennett to serve three years of probation. In April 2021, the trial court summarily revoked defendant’s probation and, after a contested hearing, the court sentenced defendant to state prison.
Defendant mounts two challenges to the revocation of her probation and her resulting prison sentence. First, she contends the trial court did not have jurisdiction to revoke probation because of recent legislation that reduced her probation period to two years, which two-year period expired before the trial court revoked her probation. She arrives at this conclusion by applying her presentence incarceration, which the trial court later included as a condition of her probation, to reduce the new two year probationary period.
Comments on P. v. Bennett CA2/1