P. v. Campo CA3
Defendant Darin Victor Campo pleaded no contest to possession of a controlled substance, carrying a concealed dirk or dagger, and transportation of methamphetamine. The trial court sentenced defendant to four years eight months in state prison.
Defendant now contends the trial court abused its discretion in determining that defendant had a prior serious felony conviction which disqualified him from serving his sentence in county jail.
We conclude it was improper to rely on the police report to find defendant’s 1994 prior conviction was a serious felony for purposes of disqualifying him from serving his sentence in county jail. We will affirm defendant’s convictions but remand for resentencing.
Comments on P. v. Campo CA3