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IN RE QUINN

Docket No. A042841.

206 Cal.App.3d 179 (1988)

253 Cal. Rptr. 402

In re JOHN R. QUINN on Habeas Corpus.

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

November 29, 1988.

Attorney(s) appearing for the Case

COUNSEL

Cecil L. McGriff for Petitioner.

John K. Van de Kamp, Attorney General, Laurence K. Sullivan and Ann K. Jensen, Deputy Attorneys General, for Respondent.

OPINION

POCHE, J.

(1) This case presents the question of whether a resentence pursuant to Penal Code section 1170, subdivision (d) relates back to the date of the original sentence. We conclude that it does and annul an order revoking probation made after petitioner's probationary period had expired.

On December 3, 1982, petitioner was sentenced to state prison for a term of two years and eight months following...

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