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PEOPLE v. DePAUL

Docket No. 12826.

137 Cal.App.3d 409 (1982)

187 Cal. Rptr. 82

THE PEOPLE, Plaintiff and Respondent, v. VICTOR L. DePAUL, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

November 16, 1982.

Attorney(s) appearing for the Case

COUNSEL

Charles L. McKinstry, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Steven V. Adler and Jay M. Bloom, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

THE COURT.*

Convicted of one count of burglary (Pen. Code, § 459) by guilty plea, defendant Victor L. DePaul was granted probation for a period of two years. More than two years later probation was revoked and defendant was sentenced to state prison. He appeals from the judgment. At issue is the meaning of a statutory provision that revocation, "summary or otherwise, shall serve to toll the...

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