Saldivar

People v. Saldivar

Good Law
154 Cal. App. 3d 111·1984 Cal. App. LEXIS 1867·201 Cal. Rptr. 60
Court of Appeal of CaliforniaApril 3, 1984F001837California1,378 words

Opinion

Opinion

Franson, J.

Statement of the Case

On April 30, 1982, following denial of a Penal Code section 1538.5 motion to suppress evidence, appellant pleaded guilty to a charge of robbery. On June 17, 1982, the court “suspended] imposition of judgment and sentence” and placed appellant on five years probation. Less than a month later, appellant’s probation was revoked for failure to comply with the terms of probation.

Appellant was sent to the California Youth Authority (CYA or Youth Authority) for a diagnostic evaluation. While at CYA, appellant threatened various case workers and was found with a metal weapon-type object in his possession; he was later found unamenable for treatment at the CYA.

On November 2, 1982, appellant was sentenced to five years in prison. He was awarded 280 days’ credit for actual time spent in local custody plus partial good-time credit of 30 days. The trial court awarded appellant only 30 days of conduct credits because of his misbehavior at CYA.

On November 4, 1982, appellant filed a notice of appeal specifying two points to be raised on appeal: (1) the denial of his motion to suppress evidence under Penal Code section 1538.5; and (2) sentencing error.

At…

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