P. v. Flores
On November 28, 2006, Edgar Flores pleaded guilty under a plea agreement with the district attorney before Judge Timothy R. Walsh to one count of unlawfully taking a vehicle (Veh. Code, 10851, subd. (a)). In exchange for his guilty plea, the People agreed to dismiss a remaining charge of receiving a stolen vehicle (Pen. Code, 496d),[1]and agreed not to object to a sentence of local time, and to the grant of three years' summary probation subject to the condition of 180 days in local custody. Judge Walsh then suspended imposition of sentence and placed Flores on three years' summary probation. No probation report was requested. On February 27, 2007, the People alleged Flores violated his probation condition of breaking no laws, and petitioned for summary revocation of probation. The court summarily revoked probation[2]and set a formal probation revocation hearing for March 2, 2007. The hearing was continued to March 16, 2007, at which the People requested that the court determine the Vehicle Code section 10851, subdivision (a) offense to be a felony. At the May 11, 2007, hearing on the People's motion, Judge Kaneshiro stated the offense "was reduced by Judge Walsh to a misdemeanor at the time of sentencing . . . ." Judge Kaneshiro then continued the formal probation revocation hearing to allow the People to seek writ or appellate relief from her ruling.
The appeal is dismissed.
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