Can you be eligible for joint sentencing or felony probation if already on parole? 6 Answers as of December 09, 2011

Joint sentencing has nothing to do with felony probation, and that person would be statutorily ineligible for probation pursuant to California Penal Code Section 1203 (k).

They will revoke parole and he will go to prison.

You can't ask...my guess it will fall on deaf ears.

NO, once you have been convicted of a violent felony or "strike", you are no longer eligible for probation, and since you are on parole for the same type of offense, chances are slim that a Judge would strike the "strike".

Your question is confusing. It seems to be mixing 2 ideas into one. Present law is that if you are convicted of a violent felony, you are going to prison. Period. Your question seems to be proposing what some clients refer to a "joint suspension". That is a sentence where the court issues a state prison sentence and then stays [stops] the sentence as long as the defendant does what he is told. The sentencing statutes prohibit probation when a defendant has a prior "strike" conviction.A suspended sentence is probation. To have a probation sentence in this matter, the court or the DA woud have to dismiss the "strike" enhancement. As the defendant is currently on parole for a violent crime, the court cannot dismiss the "strike" on its own. However, your question was is it possible to ask. It is always possible to ask. The probability of an affirmative answer is very low.

You're trying to use terms that aren't quite accurate. If this person has a violent offense, then they have a strike. The new case, if also a violent offense, is subject to double sentencing because of the prior strike... plus an additional five year enhancement for a current violent offense with a prior violent offense under 667(a) of the Penal Code. They are ineligible for probation with an imposed strike. This question is way too vague to answer with any greater clarity without knowing what the EXACT prior conviction was for and what the EXACT current charge is. This person needs a darn good criminal defense attorney to review the case and advise from there. This is beyond an online question & answer.