Bolian

Bruce Leonard Bolian appeals from the trial court’s judgment revoking his probation and executing a previously imposed sentence of five years in state prison. We reverse and remand for the limited purpose of determining whether to reinstate or terminate probation, as it appears the court may have misunderstood the scope of its discretion.

FACTS AND PROCEDURE

In December 2011, appellant was charged in an amended information with one count of possession of a deadly weapon (a billy club) in violation of Penal Code former section 12020, subdivision (a)(1). The amended information also alleged appellant had suffered three prior convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served prison terms for eight prior convictions within the meaning of section 667.5, subdivision (b). Appellant pied guilty and admitted two prior convictions within the meaning of section 667.5, subdivision (b). In February 2012, the court sentenced appellant to five years in state prison, consisting of three years for the substantive count and two years for the prior conviction allegations. The court then suspended execution of the…