P. v. Sandoval

P. v. Sandoval

Filed 1/16/07  P. v. Sandoval CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

                        APPEAL from a judgment of the Superior Court of Los Angeles County.

Richard F. Walmark, Judge.  Affirmed.

                        Judy G. Fridkis, under appointment by the Court of Appeal, for Defendant and Appellant.

                        No appearance for Plaintiff and Respondent.

________________________

            Benito Sandoval appeals from the judgment entered following an order terminating his felony probation and immediately executing the previously suspended three-year state prison sentence resulting from his earlier no contest plea to possession of a weapon in jail.

            A felony complaint filed on December 2, 2004, charged Sandoval with possession of a shank while confined in the Pitchess Detention Center in violation of Penal Code section 4574, subdivision (a), a felony.  On March 10, 2005, the People filed an amended complaint, adding the special allegation that Sandoval had suffered a prior serious or violent felony conviction (robbery) within the meaning of the â€