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Name: People v. Neild
Case #: D038132
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/01/2002
Subsequent History: Order mod opn. & rehg. denied 7/29/02. Rev. denied 9/18/02.

Appellant was on felony probation when he was charged with battery inflicting serious bodily injury. He entered a negotiated plea to the offense and admitted committing the offense while on felony probation in violation of Penal Code section 1203, subd.(k). The court revoked his probation and found that section 1203, subd.(k) prohibited it from granting probation in the second offense. Appellate counsel submitted a Wende brief, and the appellate court asked for supplemental briefing on whether the trial court failed to exercise its discretion to strike the section 1203, subd. (k) finding. In its opinion, the court held that the Legislature intended section 1203, subd.(k) to eliminate the court’s discretion to grant probation to a defendant convicted of a violent felony while on probation for a violent felony conviction. The court concluded that the record disclosed no reasonably arguable appellate issue and that competent counsel represented Neild on appeal.