Mora

People v. Mora

Bad Law
154 Cal. Rptr. 3d 837·2013 Cal. App. LEXIS 246·214 Cal. App. 4th 1477·2013 WL 1277829·13 Cal. Daily Op. Serv. 3594
Court of Appeal of CaliforniaMarch 29, 2013No. D062007California2,026 words

Opinion

Lead Opinion

Benke, J.

In February 2011, Mayra Mora entered a no contest plea to possession of heroin in violation of Health and Safety Code section 11350, subdivision (a), a nonviolent drug offense. The trial court suspended imposition of sentence, placed Mora on three years’ probation and imposed a $200 restitution fine pursuant to Penal Code section 1202.4, subdivision (b).

In August 2011, Mora admitted she violated the terms and conditions of probation. The trial court sentenced her to two years in state prison, suspended execution of the sentence and reinstated probation on the same terms and conditions as previously imposed. In December, the court found that Mora had violated probation. The court revoked and reinstated probation, and imposed a 90-day jail sentence.

On May 17, 2012, the trial court determined Mora again violated probation and committed her to state prison for two years, with 332 days’ credit. The trial court refused to apply the Criminal Justice Realignment Act of 2011 2 (Realignment Act or Realignment), which would have allowed Mora to serve her sentence in a locally run community-based corrections program. (§§ 17.5, subd. (a)(5), 1170, subd. (h).) The court imposed a…

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