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MULKY v. UNITED STATES

No. 81-433.

451 A.2d 855 (1982)

Joann MULKY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 1, 1982.

Attorney(s) appearing for the Case

Richard L. Fields, Washington, D.C., for appellant.

John A. Terry, Asst. U.S. Atty. at the time the case was argued, with whom Charles F.C. Ruff, U.S. Atty., Washington, D.C., at the time the brief was filed, was on brief, for appellee.

Before NEWMAN, Chief Judge, and FERREN and PRYOR, Associate Judges.

FERREN, Associate Judge:

This case presents the question whether the trial court, when revoking probation, must require the defendant to serve the sentence originally imposed and suspended (before the grant of probation), or instead may impose a new, lesser sentence. See D.C.Code 1973, § 24-104.1 We conclude that the trial court has discretion to impose any sentence that the court could have imposed upon conviction, provided...

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