P. v. Brown
Defendant pled nolo contendere on May 4, 2005, to one count of false personation (Pen. Code, 529), and admitted a so called prison prior (Pen. Code, 667.5, subd. (b)), as alleged in an amended information. In accordance with the terms of a plea agreement, the trial court suspended imposition of sentence for the purpose of placing defendant on probation for a period of three years, a term of which required defendant serve 365 days in county jail. Pursuant to the plea agreement, the trial court dismissed four other counts and struck three other alleged prison priors. On May 24, 2006, the district attorney filed a petition to revoke defendants probation and on May 26, 2006, the trial court summarily revoked probation. After the trial court appointed counsel to represent defendant, an issue arose regarding defendants mental competence, and the trial court suspended proceedings in accordance with section 1368. On July 13, 2006, the trial court found defendant mentally competent and reinstated criminal proceedings. Defendant then waived his right to a hearing under People v. Vickers (1972) 8 Cal.3d. 451 and admitted each of the probation violations. The trial court sentenced defendant to state prison for a total term of two years four months, comprised of the low term of 16 months on the false personation conviction plus an additional year on the prison prior enhancement. The judgment is affirmed.
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