Practice question
A trial court imposes a nonprobationable eight-year maximum. On appeal, it is modified to a probationable five-year maximum. The otherwise qualified defendant applies before the modified decision becomes final and does not seek further review. Does the prior appeal categorically prevent application?
- Yes; RA10707 has no exception.
- Yes; only an original acquittal permits application.
- Yes; modification is legally irrelevant.
- No; the amended law expressly permits application in this situation, subject to its conditions.
- No; the appellate court must automatically grant probation.
Legal references
- https://lawphil.net/statutes/repacts/ra2015/ra_10707_2015.html — Republic Act10707 Sections1–3, amending Probation Law Sections4,9 and16.
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