The People v. Hutt CA3

Filed 9/4/13 P. v. Hutt CA3 Received for posting 9/6/13

NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C069685

Plaintiff and Respondent, (Super. Ct. Nos. CM032095,

CM034094)

v.

DAVID DALE HUTT,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110, 124 (Kelly). Having reviewed the record as required by Wende, we have found a significant error. The trial court wrongly found defendant in violation of probation on case No. CM032095 based on a crime he committed before he was on probation. We also note that the trial court erred by “staying” the Penal Code section 667.5, subdivision (b) prior…