P.

P. v. .Mendez CA2/6

Good Law
Court of Appeal of CaliforniaAugust 16, 2016B267304California853 words

Opinion

Opinion

Yegan, J.

Facts and Procedural History On January 9, 2015, appellant pled guilty to attempted second degree burglary (§§ 664/459) and admitted a prior strike (§ 1170, subd. (h)(3)) and a prior prison term enhancement (§ 667.5, subd. (b)). The trial court struck the prior strike and prior prison enhancement, and sentenced appellant to 16 months state prison. On February 10, 2015, appellant was released from prison and placed on PRCS.

1 All statutory references are to the Penal Code unless otherwise stated. On August 9, 2015, appellant was arrested for failing to report to probation, traveling more than 50 miles away from his residence without prior approval, domestic violence, fleeing from an arresting officer, and violating drug-related PRCS terms. On August 11, 2015, Senior Deputy Probation Officer Michelle Larson advised appellant of the alleged PRCS violations, conducted a probable cause hearing, and determined there was probable cause that appellant had violated his PRCS terms. (§ 3455, subd. (a).) Appellant was advised of his right to counsel and right to a formal revocation hearing, and that Ventura County Probation Agency recommended 180 days county jail. Appellant refused the…

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