People v. Nolan CA1/3

Discussion Substantial evidence supports the court’s finding that defendant violated the terms of his probation by failing to obey all laws, including section 647, subdivision (h), which prohibits one from “loiter[ing], prowl[ing], or wander[ing] upon the private property of another, at any time, without visible or lawful business with the owner or occupant.” The trial court found defendant’s explanation for why he was on the neighbor’s property completely lacking in credibility and concluded, based on Patterson’s “very credible” testimony, that defendant was there with the intent to commit a burglary. Given

2 defendant’s five felony theft-related convictions between 2008 and 2014 and the nature of the probation violation, there was no abuse of discretion in the refusal to reinstate probation. Certainly there was no error in the court’s lenient selection of the low-term sentence for defendant’s felony conviction of receiving stolen property. Disposition The order revoking probation and sentencing defendant to county jail is affirmed.

_________________________ Pollak, J.

We concur:

_________________________ McGuiness, P. J.

_________________________ Siggins, J.

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