People v. France CA1/4

BACKGROUND

In 2018, France was charged with one count of being a felon in possession of a firearm in violation of Penal Code section 29800, subdivision (a)(1); two prior strike allegations under Penal Code sections 1170.12 and 667; and three enhancements under Penal Code section 667.5, subdivision (b) for having served prior prison terms.1 In June 2019, France pled guilty to the charge and one of the prior prison term enhancements; he waived his

Undesignated statutory references are to the Penal Code.

2 entitlement to 403 days of custody credits in exchange for dismissal of the rest of the enhancements and strike allegations. France stipulated to a sentence of three years in prison for the charge and one year for the section 667.5, subdivision (b) enhancement. However, the plea deal also specified that execution of the sentence would be suspended and France would be placed on three years of probation. The trial court sentenced France in accordance with the plea agreement. In August 2019, a probation officer filed a petition alleging that France had violated the terms of his probation by committing misdemeanor domestic battery under section 243, subdivision (e)(1). After a…