People v. Nieto CA3

Good Law
Court of Appeal of CaliforniaMay 22, 2014C073236California1,231 words

Opinion

Opinion

Filed 5/22/14 P. v. Nieto CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

C073236

THE PEOPLE,

(Super. Ct. No. 11F03865) Plaintiff and Respondent,

v.

MIRTALA NIETO,

Defendant and Appellant.

A jury found defendant Mirtala Nieto guilty of possessing methamphetamine for sale. (Health & Saf. Code, § 11378.) Pursuant to Penal Code section 1170, subdivision (h)(1),1 the court sentenced her to a total term of three years: it ordered her to serve one year in county jail and thereafter two years on supervised release, in accordance with conditions applicable to persons on probation. (§ 1170, subd. (h)(5)(B)(i).)2

1 Undesignated statutory references are to the Penal Code. 2 Under the terms of the recent realignment legislation, the courts are permitted to sentence certain nonviolent felons to county jail…

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