PEOPLE v. MORADO

Docket No. F013031.

221 Cal.App.3d 890 (1990)

270 Cal. Rptr. 707

THE PEOPLE, Plaintiff and Respondent, v. ANTONIO MORADO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

June 26, 1990.


Attorney(s) appearing for the Case

COUNSEL

McInturff, Behrens & Snyder and William A. Romaine for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Respondent.


[Opinion certified for partial publication.*]

OPINION

THAXTER, J.

The primary issue raised on this appeal is whether a sentencing court, having found facts justifying probation when probation is statutorily disfavored, must later, when imposing sentence after probation has been terminated for a violation, choose the mitigated term based on the same facts previously used for the grant of probation...

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