P. v. Alba
Filed 10/5/10 P. v. Alba CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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opinion has not been certified for publication or ordered published for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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
ROGER GONZALEZ ALBA,
Defendant
and Appellant.
E050880
(Super.Ct.No.
FVA022705)
OPINION
APPEAL from the Superior
Court of San
Bernardino County. Cara
D. Hutson, Judge. Affirmed.
Christopher Love, under appointment
by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and
Respondent.
I
INTRODUCTION
On September 5, 2007, defendant and appellant Roger Gonzalez
Alba pled guilty to one felony count of second
degree commercial burglary under Penal Code[1] section 459.
Under the terms of the plea
agreement, defendant would be placed on three years of formal probation,
instead of being sentenced to state
prison. On October 4, 2007, defendant was sentenced to 180
days in jail, with credit for time served, followed by three years of formal
probation.
Two years later, on October 28, 2009, defendant failed
to appear at a probation review hearing.
The court, therefore, revoked defendant's probation. Thereafter, defendant requested a hearing
under People v. Vickers (1972) 8
Cal.3d 451 (Vickers). At the Vickers
hearing on May 10, 2010,
after the trial court considered the evidence and heard legal arguments, the
court found that defendant had violated probation term Nos. 2 and 4. The court sentenced defendant to serve one
year four months in state prison, the low term for second degree burglary.
On May 13, 2010, defendant filed a timely notice of appeal.
II
STATEMENT OF FACTS
At a scheduling conference on April 27, 2010, the prosecutor indicated
that he would be relying on the probation report as evidence of defendant's
probation violations. Defense counsel
objected on the grounds that the report was hearsay evidence. The court scheduled the Vickers hearing for May 7,
2010, and informed defendant that at the hearing, â€
| Description | On September 5, 2007, defendant and appellant Roger Gonzalez Alba pled guilty to one felony count of second degree commercial burglary under Penal Code[1] section 459. Under the terms of the plea agreement, defendant would be placed on three years of formal probation, instead of being sentenced to state prison. On October 4, 2007, defendant was sentenced to 180 days in jail, with credit for time served, followed by three years of formal probation. Two years later, on October 28, 2009, defendant failed to appear at a probation review hearing. The court, therefore, revoked defendant's probation. Thereafter, defendant requested a hearing under People v. Vickers (1972) 8 Cal.3d 451 (Vickers). At the Vickers hearing on May 10, 2010, after the trial court considered the evidence and heard legal arguments, the court found that defendant had violated probation term Nos. 2 and 4. The court sentenced defendant to serve one year four months in state prison, the low term for second degree burglary. On May 13, 2010, defendant filed a timely notice of appeal. |
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