Criminal Law, 2013 Bar — Question MC-XXIV

MULTIPLE CHOICE

Andres was convicted of frustrated homicide and was sentenced to 6 years and 1 day as minimum, to 8 years of prision mayor as maximum. Andres appealed his conviction to the Court of Appeals, which convicted him of attempted homicide, and sentenced him to 6 months of arresto mayor as minimum, to 4 years of prision correccional as maximum. Instead of appealing his conviction, Andres filed an application for probation with the Regional Trial Court. Is Andres qualified to avail of the benefits of the probation law? (A) No, because when he filed a notice of appeal with the Court of Appeals, he waived his right under the probation law. (B) Yes, because after his appeal, he qualified for probation as the sentence imposed on him was less than 6 years. (C) Yes, because the probation law is meant to favor the accused. (D) No, because his previous sentence of more than 6 years disqualified him so that he can no longer avail of probation as an alternative remedy. (E) None of the above.

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