People v. Avila CA4/1

I.

INTRODUCTION

Defendant Susan Avila appeals from a judgment of conviction entered after she

pled guilty to three offenses and admitted having suffered one prison prior. Avila

contends that the trial court erred in imposing a term of four years in local custody, when

her plea agreement with the prosecutor was for a four year split sentence, with three years

to be spent in local custody and one year on mandatory supervision. In making this

argument, Avila fails to acknowledge that the court imposed this sentence only after

Avila requested it, and the prosecutor agreed to it. Avila's request and the prosecutor's

agreement to this new term resulted in a modification of the plea agreement, and the trial

court's sentence merely effectuated the modified agreement. We therefore affirm the

judgment of the trial court.

II.

RELEVANT BACKGROUND1

In October 2014, Avila was charged with five counts of unlawfully obtaining and

using personal identifying information of another person (Pen. Code,2 § 530.5, subd. (a);

counts 1-5); four counts of burglary (§ 459; counts 6, 8, 10, 12); four counts of grand

theft (§ 484; counts 7, 9, 11, 13); and one count of…