P. v. Espinoza CA4/2
Defendant and appellant David Espinoza was charged by felony complaint with elder or dependent abuse (Pen. Code, § 368, subd. (b)(1), count 1) and resisting an officer (Pen. Code, § 69, count 2). He entered a plea agreement and pled guilty to count 1 as charged and to count 2 as a misdemeanor. The parties stipulated to the police report as the factual basis for the plea. Pursuant to the agreement, a trial court placed defendant on probation for 36 months, ordered him not to violate any laws and to complete the InRoads program. The court subsequently found that defendant violated his probation. It sentenced him to the middle term of three years on count 1 and a concurrent 364 days in county jail, with credit for time served.
Defendant filed a timely notice of appeal. We affirm.
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