P. v. Malloy
Defendant and appellant Edward Scott Malloy entered a plea agreement and pled guilty to receiving stolen property (Pen. Code,[1] § 496, subd. (a)) and possession for sale of a controlled substance (Health & Saf. Code, § 11378). He also admitted he had three prior Health and Safety Code section 11378 convictions. (Health & Saf. Code, § 11370.2, subd. (c).) In accordance with the plea agreement, the court sentenced him to a total term of 12 years eight months in state prison, but suspended imposition of the sentence and placed him on probation for three years, under specified conditions. A trial court subsequently found defendant in violation of four of his probation conditions. The court terminated his probation and sentenced him to the previously suspended term of 12 years eight months in state prison.
On appeal, defendant contends: (1) the court abused its discretion in failing to reinstate him on probation; and (2) he was denied effective assistance of counsel. We affirm.
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