P. v. Davis
The California Supreme Court directed us to vacate our decision in this case and to reconsider the cause in light of People v. Wagner (2009) 45 Cal.4th 1039 (Wagner). The conclusions in our original opinion are in line with Wagner. Those conclusions were and still are: (1) the speedy sentencing rights provided by Penal Code section 1381[1] apply to a probation revocation proceeding if imposition of sentence was originally suspended; (2) the trial court should have granted defendant Kevin Michael Daviss section 1381-based motion to dismiss his probation revocation proceeding for failing to sentence him within the 90-day period mandated by that section (and therefore that sentence must be vacated); and (3) under section 1387 the People may refile the probation revocation proceeding within defendants tolled period of probation.
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