P. v. Smith
After the trial court terminated appellant Marcus Wade Smiths probation, it ordered into execution a previously imposed nine-year term of imprisonment that had been suspended while appellant was on probation. Appellant contends the trial court should have retained full sentencing discretion to reduce his sentence following termination of probation. We are compelled to reject appellants claim in light of People v. Howard (1997) 16 Cal.4th 1081, 1095 (Howard), in which our Supreme Court held that a court lacks authority at the pre commitment stage to reduce a previously imposed but suspended sentence upon terminating probation. Accordingly, Court affirm.
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