People v. Marquez CA2/6

FACTS AND PROCEDURAL HISTORY

In exchange for a negotiated sentence, appellant waived his trial rights and pled no contest to a charge of corporal injury to his spouse. (Pen. Code, § 273.5, subd. (a).) Appellant was sentenced to state prison for a term of four years. The trial court suspended execution of sentence and placed appellant on formal probation for five years with terms and conditions including that he serve 180 days in county jail. While on probation, appellant suffered two misdemeanor convictions. In case number 1LT03497, appellant was convicted of driving under the influence of alcohol. (Veh. Code, § 23152, subd. (a).) In case number 0LT04772, appellant was convicted of driving with a blood alcohol percentage of 0.08 or more. (Id. at subd. (b).) The trial court held a probation revocation hearing in which it considered appellant's memorandum in support of sentencing mitigation and heard argument by appellant's counsel. The court revoked appellant's probation and committed him to state prison for four years with 458 days of custody credit. At the conclusion of the hearing, the court stated that it "would be glad to hear from [appellant] today if he would…