P. v. Lopez
Defendant pleaded guilty to three counts of burglary. Imposition of sentence was suspended, and he was placed on probation. After his second probation violation, Judge Lawrence G. Antolini sentenced defendant to four years four months, suspended execution of the sentence, and again placed defendant on probation. A little over a year later, after a contested hearing, Judge Dean Beaupre found defendant had violated probation on the basis of new criminal charges. Believing that the federal courts would reverse People v. Black (2005) 35 Cal.4th 1238 (Black), Judge Beaupre reduced the previously imposed sentence. At a subsequent court appearance on the new charges, Judge Antolini reinstated the original sentence.
Defendant contends that Judge Antolini erred in reinstating the original sentence. Court do not address that contention because court find that Judge Beaupre was without authority in the first place to modify the original sentence. Because that sentence must be reinstated, defendants contentions regarding the conduct of Judge Antolini are moot. In addition, court conclude that defendants failure to challenge his sentence under Blakely v. Washington (2004) 542 U.S. 296, 303304 (Blakely) at the time it was imposed precludes a collateral attack on that ground now. Court therefore affirm.
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