P. v. Samuels CA4/3
Defendant Josh Randall Samuels pleaded guilty to one count of unlawful taking or driving of a vehicle with a prior conviction (Pen. Code, § 666.5, subd. (a); Veh. Code, § 10851, subd. (a); count 1) , one count of theft from an elder (Pen. Code, § 368, subd. (d)(1); count 3), and one count of driving without a valid license (Veh. Code,
§ 12500, subd.(a); count 4). Defendant also admitted he had two prior strike convictions (Pen. Code, §§ 667, subds. (d), (e)(2)(A); 1170.12, subds. (b), (c)(2)(A)).
The court dismissed defendant’s prior strike convictions and placed defendant on probation for three years. The court subsequently held a contested probation hearing and found defendant had violated his probation by failing to report. The court accordingly revoked defendant’s probation, sentenced defendant to the upper term of four years in state prison on count 3 and a concurrent term of two years on count 1, and suspended sentence on count 4.
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