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PEOPLE v. AVERY

Docket No. A027703.

179 Cal.App.3d 1198 (1986)

225 Cal. Rptr. 319

THE PEOPLE, Plaintiff and Respondent, v. RONNIE E. AVERY, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

April 18, 1986.

Attorney(s) appearing for the Case

COUNSEL

John A. Halley, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, and Robert R. Granucci, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

CHANNELL, J.

In this case we are asked to decide whether a trial court has discretion to revoke probation based on a subsequent criminal conviction which is still subject to appeal. We hold that it does have such discretion, and affirm the order revoking probation.

I. PROCEDURAL FACTS

In April 1982 appellant Ronnie E. Avery pled guilty to grand theft. (Pen. Code, § 487, subd. 1.)1<...

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