The People v. Roleder CA3

Filed 8/26/13 P. v. Roleder CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Tehama) ----

THE PEOPLE, C072524

Plaintiff and Respondent, (Super. Ct. No. NCR72455)

v.

JACOB JOHN ROLEDER,

Defendant and Appellant.

Defendant pleaded guilty to one count of inflicting corporal injury on a cohabitant, a felony, in violation of Penal Code1 section 273.5, subdivision (a) and received probation. When he ultimately violated probation and was sentenced, the trial court imposed “the midterm of four years.” Defendant contends, and the People concede, that the trial court considered an incorrect sentencing triad for defendant’s crime when it imposed a midterm sentence of four years in prison for a violation of section 273.5,…