The People v. Qualls CA5

INTRODUCTION

On September 18, 2008, appellant, Bryan Roger Qualls, pled guilty to one count of elder abuse (Pen. Code, § 368, subd. (b)(1))1 and admitted an enhancement for committing his offense on someone 70 years of age or older (§ 368, subd. (b)(3)(B)). A psychiatric evaluation was made of appellant prior to sentencing pursuant to Evidence Code section 460. On February 27, 2009, the trial court suspended imposition of sentence for five years and placed appellant on probation upon various terms and conditions, including that he spend 365 days in jail.2 On March 11, 2011, appellant waived his right to a contested hearing and admitted that he violated the terms and conditions of his probation. On April 6, 2011, the trial court denied appellant’s request for reinstatement of probation and sentenced him to prison for nine years and granted custody credits of 736 days. The court denied appellant’s request for a certificate of probable cause. Appellant contends the prosecutor misled the trial court concerning the sentencing option of having appellant waive his right to custody credits in exchange for a one-year commitment to county jail. Appellant argues the court should have…