People v. McFalls CA3

BACKGROUND

In July 2022, McFalls was charged with felony recklessly evading an officer in a motor vehicle (Veh. Code, § 2800.2; count 1), misdemeanor driving under the influence (Veh. Code, § 23152, subd. (a); count 2), and misdemeanor driving with a prohibited blood alcohol concentration (Veh. Code, § 23152, subd. (b); count 3). He pleaded no contest to recklessly evading an officer and driving with a prohibited blood alcohol concentration in exchange for a grant of felony probation, with a stipulation that he serve 180 days in county jail. On September 19, 2022, the trial court declined the Probation Department’s recommendation of a 180-day custodial sentence, suspended imposition of the sentence, and granted probation for a period of three years. In December 2024, the Probation Department petitioned the trial court to revoke probation based on McFalls’s conviction of two offenses in Sacramento County on October 15, 2024. McFalls admitted the violations, and the court revoked probation. The court later denied reinstatement of probation and sentenced McFalls to 16 months in state prison on the reckless evasion conviction. McFalls timely appealed; he did not obtain a certificate…