Garcia

People v. Garcia

Good Law
22 Cal. App. 5th 1061·232 Cal. Rptr. 3d 259
Court of Appeal of CaliforniaMay 2, 20182d Crim. No. B282787California1,232 words

Opinion

lead Opinion

Gilbert, J.

*1063 Jesus Pedro Garcia appeals a judgment the trial court imposed after revoking his postrelease community supervision (PRCS). ( Pen. Code, §§ 3451, 3455.) 1 The court imposed a 180-day period of confinement for Garcia's PRCS violation to run consecutively to a four-year prison term in another case. We conclude, among other things, that the court lacks authority to run a period of confinement for a PRCS violation consecutively to a sentence in another criminal case. The portion of the judgment imposing a consecutive sentence is stricken; as so modified, we affirm.

FACTS

In January 2015, Garcia pled guilty to unlawful driving or taking of a vehicle ( Veh. Code, § 10851, subd. (a) ), a felony, and evading an officer ( id. , *1064 § 2800.2, subd. (a) ), a felony. The trial court suspended imposition of sentence and placed him on probation for 36 months.

Garcia violated his probation conditions. The trial court revoked probation and sentenced Garcia to serve two years in state prison.

On March 30, 2016, Garcia was released from prison and placed on PRCS.

On April 20, 2017, the Ventura County Probation Agency petitioned to revoke Garcia's PRCS, alleging, among other things, that…

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