P. v. Ochoa CA5
Appellant Carlos Ochoa was on felony probation in Kern County Superior Court case No. BF162002A (case 2002) for a Vehicle Code 10851 conviction when he again was found in possession of a stolen vehicle. In Kern County Superior Court case No. BF164452A (case 4452), he was convicted of a violation of Penal Code section 496d, subdivision (a). Based upon the conviction in case 4452, he was found to be in violation of his probation in case 2002.
On October 12, 2016, Ochoa was before the trial court for a concurrent sentencing hearing on the probation violation in case 2002 and the conviction in case 4452. The trial court reinstated formal probation in case 2002, and imposed a term of mandatory supervision pursuant to section 1170, subdivision (h)(5)(B) in case 4452. Ochoa maintains the trial court erred in reinstating probation in case 2002, instead of imposing a sentence pursuant to section 1170, subdivision (h).
We affirm.
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