P. v. Munoz CA4/2
In February 2015, defendant and appellant Jesus Jaime Munoz pled guilty to one count of assault with a deadly weapon causing great bodily injury (Pen. Code, §§ 245, subd. (a)(1), 12022.7, subd. (a)), and one count of corporal injury to a cohabitant (§ 273.5, subd. (a)). In return, defendant was placed on formal probation for a period of three years on various terms and conditions, including serving 365 days in county jail.
After defendant violated several terms of his probation, in 2017 the trial court revoked defendant’s probation and sentenced defendant to a total term of five years in state prison. On appeal, defendant argues the case must be remanded because the trial court failed to knowingly exercise its discretion when it mistakenly concluded it had no option to reinstate probation with additional local jail time. We find no error, and affirm the judgment.
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