P.

Filed 5/31/13 P. v. Arrubias CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062686

Plaintiff and Respondent,

v. (Super. Ct. No. SCD214408)

CARLOS COVARRUBIAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David M.

Szumowski, Judge. Sentence modified and remanded.

Kessler & Seecof and Daniel J. Kessler for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr., and Susan Miller,

Deputy Attorneys General, for Defendant and Appellant.

After being sentenced to prison following a second probation violation,…