People v. MartinezAnnotate this Case
Defendant was sentenced to state prison in two cases. In case No. 2, the term was a subordinate term imposed pursuant to Penal Code section 1170.1, subdivision (a). Execution of defendant’s aggregate sentence on the two cases was suspended and he was placed on probation. When defendant was subsequently found in violation of probation in case No. 2, the trial court did not order the previously imposed subordinate term into effect; it instead imposed a full three-year prison term. The court vacated the sentence and remanded for resentencing, holding that the trial court must, upon revocation and termination of probation, order the previously suspended sentence on the conviction into effect even when that sentence was a subordinate term imposed consecutively to a principal term that no longer exists.