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Name: People v. Garcia
Case #: H029019
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/16/2007

Following a conviction for burglary and stalking, Garcia was originally sentenced pursuant to a plea agreement to six years in state prison suspended, and probation with a condition that he register as a sex offender. In 2003, his probation was revoked and reinstated under the same terms and conditions. In 2005, the probation department moved again to revoke probation. Following a hearing, a different court revoked probation and remanded Garcia to state prison for six years. The judge also struck the registration requirement, finding that the original judge had failed to state reasons for the order. The Attorney General appealed the order striking the registration requirement, and the appellate court reversed it. Since the trial court imposed the registration requirement, it could not later be changed. In addition, one superior court judge may not overrule another. The second judge “no matter how well intentioned” acted without authority as a “one-judge appellate court” which was improper.