People v. Robinson CA5

INTRODUCTION

In November 2019, defendant Larry Wayne Robinson pled no contest to a violation of Penal Code section 273.6, subdivision (d),1 for which the court imposed a two-year split sentence: one year to be served in custody and the execution of the second year was suspended and ordered to be served on mandatory supervision. (§ 1170, subd. (h)(5)(A) [when imposing split sentence under § 1170, subd. (h)(1) or (h)(2), court shall suspend execution of concluding portion of term for a period selected at court’s discretion].) Due, in part, to new crimes committed while defendant was serving on mandatory supervision, defendant’s mandatory supervision was revoked. At a sentencing hearing on January 15, 2021, after defendant was convicted of new crimes, the court terminated defendant’s mandatory supervision and ordered the suspended portion of defendant’s sentence to be executed and served in the state prison. On appeal, defendant argues the probation report the court relied on in pronouncing judgment was not available within the time required under section 1203d. Defendant claims his counsel requested to continue the sentencing hearing based on this untimely probation report, but…