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PEOPLE v. PRUITT

No. B198408.

74 Cal.Rptr.3d 368 (2008)

161 Cal.App.4th 637

The PEOPLE, Plaintiff and Respondent, v. Brandon Lamar PRUITT, Defendant and Appellant.

Court of Appeal of California, Second District, Division Seven.

March 28, 2008.

Attorney(s) appearing for the Case

Matthew Alger, under appointment by the Court of Appeal, Fresno, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Theresa A. Patterson, Lawrence M. Daniels, and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent.

PERLUSS, P.J.

A probationer is arrested and jailed on new criminal charges. Sometime thereafter the same conduct that led to the probationer's arrest is alleged as a probation violation, and probation is summarily revoked. Following a probation violation hearing, probation remains revoked; a previously stayed state prison sentence is imposed; and the prosecutor asks the court to dismiss the new criminal charges in furtherance of justice. Is the probationer in this...

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