Zuniga

People v. Zuniga

Good Law
1996 Cal. App. LEXIS 519·46 Cal. App. 4th 81·53 Cal. Rptr. 2d 557·96 Daily Journal DAR 6543·96 Cal. Daily Op. Serv. 4047
Court of Appeal of CaliforniaJune 5, 1996A072034California706 words

Opinion

Opinion

Haning, J.

Carlos Zuniga, also known as Antonio Vargas, appeals the imposition of a state prison sentence following revocation of probation. He contends the court failed to state its reasons for sentencing him to prison rather than reinstating probation. We affirm.

Facts

Since this appeal involves only a sentencing issue a detailed recitation of facts is unnecessary. In March 1995, after appellant pled guilty to sale of cocaine (Health & Saf. Code, § 11352, subd. (a)), imposition of sentence was suspended and appellant was placed on three years’ probation. Following his May 21, 1995, arrest for possession of rock cocaine for sale, the district attorney moved to revoke probation.

At the probation revocation hearing evidence was presented that on May 21, 1995, two San Francisco plainclothes officers spotted appellant in an area known for narcotics sales talking to a passenger in a parked car. Appellant then spit a small white rock-like object into his hand. Believing the act to be part of a narcotics transaction, the officer confronted appellant, who clenched his fist and started to walk away. After a struggle, appellant dropped the rock-like object to the ground and was…

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