P. v. Welch CA2/2
A jury convicted Mario Welch (defendant) of operating a chop shop and receiving stolen property. During sentencing, neither the trial court nor defense counsel recognized that defendant was eligible for a “split sentence” (that is, a sentence that is part jail and part community release). Although defendant has forfeited this claim of error by not requesting a split sentence during his sentencing hearing, and although the record reveals no possible tactical reason for not doing so, we ultimately conclude that it is not reasonably probable that the trial court would have imposed a split sentence. Accordingly, we affirm.
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