People v. Sontoski CA4/2

BACKGROUND

In 2021, Sontoski was convicted of stalking. (Pen. Code,1 § 646.9, subd.(b).) In

2022 he was released on PRCS.

In 2024 the probation department petitioned to revoke Sontoski’s PRCS for failing

to report to probation. Sontoski waived a hearing on the petition and admitted to the

violation in exchange for an agreed sentence of 120 days in jail. Accordingly, the court

revoked Sontoski’s PRCS, reinstated it, and ordered him to serve 120 days in jail.

ANALYSIS

On Sontoski’s request, we appointed counsel to represent him on appeal. Counsel

filed a brief declaring they found no arguably meritorious issues to appeal, setting out a

statement of the case, and asking us to conduct an independent review of the record.

1 Unlabeled statutory citations refer to the Penal Code.

2 At the hearing, the court stated it was sentencing Sontoski to 180 days. However, his waiver form shows he agreed to 120 days, and the court’s minute order also shows the court ordered him to serve 120 days. Because the court cannot modify the terms of a plea deal on its own, we conclude the court misspoke when it ordered 180 days, and that the 120 days recorded in the minute order is the correct…