P. v. Avila





















Filed 10/25/10
P. v. Avila CA5







NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT


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THE PEOPLE, Plaintiff and Respondent, v. ISMAEL CARRANZA AVILA, Defendant and Appellant.

F058579 (Super. Ct. No. VCF219498A) O P I N I O N

THE COURT^*

APPEAL from
a judgment of the Superior Court of Tulare
County. Ronn M. Couillard,
Judge. (Retired Judge of the Tulare Sup.
Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal.
Const.)

Melanie K.
Dorian, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G.
Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and
Catherine Chatman, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

On May 5, 2009,^[1] appellant, Ismael Carranza Avila, pled not
guilty to three counts of felony vandalism (Pen. Code, § 594).^[2] On May 7, pursuant to a plea agreement, appellant changed his
plea to guilty of two of those counts, and the court dismissed the third
count. That same day, the court placed
appellant on probation and imposed various terms and conditions of probation,
including that appellant serve 180 days in local custody and pay victim
restitution of $5,666.68. The court also
awarded appellant 15 days of presentence credit, consisting of 11 days of
actual time credit and 4 days of conduct credit.

On July 17,
appellant filed a notice of motion to
withdraw his plea â€