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PEOPLE v. MURRAY

No. F051547.

65 Cal.Rptr.3d 731 (2007)

155 Cal.App.4th 149

The PEOPLE, Plaintiff and Respondent, v. Matthew MURRAY, Defendant and Appellant.

Court of Appeal of California, Fifth District.

September 14, 2007.

Attorney(s) appearing for the Case

Kathleen Woods Novoa, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Louis M. Vasquez, Supervising Deputy Attorney General, Brian Alvarez and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARDAIZ, P.J.

Appellant Matthew Murray was sentenced to six years in prison following the revocation of his probation. He now contends that, pursuant to Penal Code 1 section 1203.2a, the Fresno County Superior Court lacked jurisdiction to impose the previously suspended prison term. Respondent concedes the want of jurisdiction, albeit under a somewhat different analysis. As we shall explain, we conclude the superior court...

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