Practice question
An otherwise qualified defendant's original nonprobationable conviction is modified on appeal to a probationable penalty. Instead of applying, the defendant seeks further review of that already probationable modified decision. After losing that review, the defendant insists the same exception remains indefinitely available. Which is correct?
- The exception preserves unlimited successive review and later probation.
- Probation automatically follows every appellate modification.
- Only the prosecutor controls the election.
- The prior nonprobationable sentence erases all later choices.
- The amended law states that seeking review of the modified probationable decision loses the probation benefit.
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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