Franco

People v. Franco

Good Law
199 Cal. Rptr. 3d 728·2016 Cal. App. LEXIS 187·245 Cal. App. 4th 679
Court of Appeal of CaliforniaMarch 14, 2016B260447California1,875 words

Opinion

Lead Opinion

Zelon, J.

*681 Ruben Franco appeals the denial of his oral petition for resentencing on his convictions for forgery and receiving stolen property. We affirm the judgment but remand for correction of the abstract of judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On October 17, 2012, Franco was charged with forgery (Pen.Code, 1 § 475, subd. (a) ) and receiving stolen property (§ 496, subd. (a)). It was alleged that he *730 had served five prior prison terms within the meaning of section 667.5, subdivision (b). Franco pleaded guilty to the charged offenses and admitted the five prior prison terms. The court struck four of the five prior prison term allegations, suspended the execution of a four-year felony state prison sentence, and placed Franco on three years' formal probation.

On August 11, 2014, Franco failed to appear for a probation violation hearing. The trial court revoked his probation and issued a bench warrant. On November 4, 2014, Franco was taken into custody.

On November 19, 2014, the trial court found that Franco had violated his probation and imposed the previously suspended four-year sentence. Franco made an oral petition for resentencing that the court denied. Franco…

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