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IN RE RENFROW

No. C055564.

164 Cal.App.4th 1251 (2008)

In re LEATHAN RENFROW on Habeas Corpus.

Court of Appeals of California, Third District.

July 16, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, John G. McLean and George M. Hendrickson, Deputy Attorneys General, for Appellant the State of California.

Rebecca P. Jones, under appointment by the Court of Appeal, for Respondent Leathan Renfrow.

OPINION

SCOTLAND, P. J.—

When a trial court revokes and declines to reinstate probation after having imposed sentence but suspended its execution during the period of probation, the court "must order that exact sentence into effect" (People v. Howard (1997) 16 Cal.4th 1081, 1088 [68 Cal.Rptr.2d 870, 946 P.2d 828]; see Pen. Code, § 1203.2, subd. (c)). However, as we will explain, if the...

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