People v. Bernal CA6

Filed 4/13/15 P. v. Bernal CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040652

(Monterey County Plaintiff and Respondent, Super. Ct. No. SS131466A)

v.

PEDRO BERNAL,

Defendant and Appellant.

Defendant Pedro Bernal pleaded nolo contendere to carrying a loaded firearm (Pen. Code, § 25850, subd. (a))1 and to evading a police officer (Veh. Code, § 2800.2, subd. (a)). He was denied probation and sentenced to a total term of three years four months in prison. On appeal, he argues that the trial court abused its discretion, because it denied him probation solely because he smiled during the sentencing hearing. We affirm the judgment. The trial court articulated a valid reason for denying probation. During the…