The People v. Smith CA4/3

FACTS

On December 12, 2012, Smith pled guilty to receiving stolen property (Pen. Code, § 496, subd. (a)),1 a stolen laptop computer. The trial court sentenced Smith to two years in custody pursuant to section 1170, subdivision (h), with 92 days of custody credit, and placed him on mandatory supervision for 20 months and 28 days. One of the conditions of Smith’s release was that he “report to [p]robation regarding [m]andatory [s]upervised [r]elease within 72 hours of release.” On December 20, 2012, a petition for revocation of mandatory supervision was filed alleging Smith had failed to report to probation as ordered by the court. Smith was arraigned on the violation petition on January 10, 2013, and the matter was set for hearing on January 31, 2013.2 At the hearing, Smith’s counsel submitted on the matter noting “[t]he issue is not whether . . . Smith violated or not.” Counsel argued Smith

All further statutory references are to the Penal Code.

Smith was on an additional grant of probation (Super. Ct. Orange County, No. 11CF2243) that is not the subject of this appeal.

2 should be placed in a program that would address his homelessness. The prosecutor…