P. v. Arizaga CA3
A jury found defendant Ignacio Arizaga guilty of numerous felonies. The trial court subsequently found true numerous sentencing enhancement allegations, including allegations that defendant previously served five terms in prison (Pen. Code, § 667.5, subd (b)). The trial court sentenced defendant to an aggregate term of 32 years four months, plus 14 years to life in state prison.
On appeal, defendant contends there was insufficient evidence to find true the allegation that he served a prior prison term for his conviction in Sacramento County Superior Court, case No. 00F03370 (case No. 370). The People concede the issue.
In case No. 370, defendant was convicted on two counts of felony assault. The court suspended imposition of judgment and sentence, placed defendant on five years’ probation, and ordered him to serve 728 days “in the Sacramento County Jail.” There is nothing in the record to indicate he ever violated his probation and was sentenced to prison.
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