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Name: People v. Shoup
Case #: C033134
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/24/2001
Subsequent History: None

The Court of Appeal lacks jurisdiction to hear an action which at all times was a prosecution for misdemeanors only. Misdemeanor convictions had been appealed along with a felony probation revocation proceeding which was premised on the same conduct and the arguments raised in the briefs applied to criminal trials and not necessarily to probation revocation proceedings. The court ordered the dismissal of the appeal of the misdemeanor convictions and the filing of new briefs in the appeal following the probation violation which should include arguments appropriate only to such proceedings.