Francisco Colinares

Initial Sentence? Within probationable Higher than probationable

Appealed? Yes Yes
Alleged on appeal Innocence Lower the sentence / from
frustrated to attempted
homicide
Status of the Appeal Denied, innocence not
proven
Granted, sentence now
within probationable
Can petition for
probation?
No longer, waived it on
appeal
Yes, error on the court
warranted appeal, did not
have other choice but to
appeal
When-Then statement General Rule: When you
are sentenced within the
probationable period and
you appealed, then you
waive your right to
probation
Exception: When you are
sentenced more than
probationable, and you
appealed, and the new
sentence is within
probationable, you still
can apply for probation